Advocates:
['M/S R PRABHAVATHY', '', 'R PRASADH', 'M JAYAPRAKASH NARAYANAN', 'A SENKANAL']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.No.21014 of 2021

and

CRL.M.P.No.11413 of 2021

Mohammed Ashif

...Petitioner/1^st Accused

Versus

1. State rep.by its

The Inspector of Police

Devala Police Station,

The Nilgiris District.

2. R.Balachandran,

Village Administrative Officer,

Devala 1 Village (Incharge),

Devala,

The Nilgris District.

...Respondents/Complainant and

Defacto Complainant

PRAYER: Criminal Original Petitions filed under Section 482 of

the Code of Criminal Procedure, to call for the records in

S.T.C. No.702 of 2019, on the file of the learned Judicial

Magistrate, Pandalur and quash entire proceedings.

For Petitioner : Ms.R.Prabhavathy

for Mr.R.Prasadh

For Respondents : Mr.E.Raj Thilak

Additional Public Prosecutor

ORDER

This petition has been filed to call for the

records in S.T.C. No.702 of 2019, on the file of the learned

Judicial Magistrate, Pandalur and quash entire proceedings.

https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner/first accused in STC.No.702 of

2019 pending trial on the file of the Judicial Magistrate,

Pandalur for the offence under Sections 143, 188, 341, 353 and

109 of IPC has filed this quash application.

3. The contention of the petitioner is that on

the complaint of Village Administrative Officer in charge of

Devala Village, Nilgiris District, on 10.03.2017 the case in

Crime No.129 of 2017 for the offence under Sections 143, 188,

341, 353 and 109 of IPC registered. The complaint was against

the general public, residents of Pokker Colony, who raised

objection for M/s.Rayan Thar Company functioning in the Devala

Village running a Bitumen plant. On 10.03.2017 at about 10 a.m.,

the residents of Devala Village gathered near public road, shown

protest, held demonstration against M/s.Rayan Thar Company,

protesting that they got affected by pollution created by the

company. In the First Information Report it is mentioned that

more than 100 persons both male and female participated in the

agitation, only names of 36 persons provided. Thereafter, charge

sheet filed listing A1 to A44 of with 10 ladies shown as

absconding accused. The petitioner is the first accused.

4. The gist of the case is that the defacto

complainant, the Village Administrative Officer, was holding

additional charge of Devala Village, on 10.03.2017, the

residents of Pokker Colony more than 100 male, female and along

with children, raised objection for the emission of smoke and

smoke articles from the Bitumen mixture plant. Due to this

emission, the residents were suffering health ailment,

respiratory problems. Hence, in protest for the pollution, they

restricted movement of four tipper lorries of the contractor,

thereby road laying work got affected. The Thasildar, Gudalur

had come to have peaceful talk, at that time, abusive words used

and they threatened the Thasildar, revenue officials and the

Police Personnel present. Hence, a complaint lodged.

5. The learned counsel for the petitioner submits

that in a democratic manner, the protest was held. The Pokker

Colony is a residential colony, where the petitioner is

residing. There was a pollution problem due to emission of

smoke from the Bitumen mixture plant which caused health

hazards, threat to the residents of Pokker Colony despite c

complaining to the revenue and other authorities, no action

taken on the other hand, revenue authorities supported the

contractor, Devadass, who was running the PRCC thar mixing

plant. The protesters opposed pollution emanating from the

https://hcservices.ecourts.gov.in/hcservices/

plant, however, it is wrongly projected as though the petitioner

and the other protesters objected and restricted the o