THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

DELIVERED ON

10~01~2022

25~01~2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

THE HIGH COURT OF JUDICATURE AT MADRAS

CRL.O.P.NO.7218 OF 2017

AND CRL.M.P.NOS.5220 AND 5221 OF 2017

Ajeet Kumar Saxena

.. Petitioners /Accused

.Vs.

S. Jayashree

.. Respondent /

Complainant

Prayer:

Petition filed under Section 482 of Cr.P.C.to call for the

records in CC No.714 of 2017 pending on the file of the XVI

Metropolitan Magistrate, George Town, Chennai and quash the

same.

For Petitioner

:

Mr.A. Ramesh

Senior Counsel for

Mr.A.M. Amutha Ganesh

For Respondent

:

Mr. N.R. Elango

Senior Counsel for

Mr.K.R. Ramesh Kumar

O R D E R

This petition has been filed to call for entire records in

CC.No.714 of 2017 on the file of the XVI Metropolitan

Magistrate, George Town, Chennai and quash the same.

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

2. The brief allegations in the quash petition is as

follows:

2.a. The Petitioner was Chief Traffic Manager in Southern

Railways, Chennai. He was an officer of IRTS batch. After his

posting, he stopped pilferage, demands made by railway staff,

illegal gratification from consignors. Several disciplinary

actions have been taken against the railway staff and union

members, which attracted large protest from the trade union. He

was also implemented the Ministry of Railway's policy of

privatization of parcel business by leasing out the parcel vans.

He floated necessary tenders and took consequent and necessary

action to implement Government policy and also recommended

several transfers, disciplinary actions against the erring staff

and successfully enforced discipline and accountability amongst

the staff.

2.b. When the matter stood thus, on 20.04.2007 as he did not

succumb to the objections of the Union, at around 12.30 p.m.,

more than 100 to 150 people cadres of the Southern Railway

Mazdoor Union barged into the Chamber, shouted slogans, hurled

filthy abuses, switched of A/Cs threw the furniture and also

threatened the Petitioner that if he did not stop implementation

of the aforesaid policy of the Ministry, they would put his

office on fire and burn him alive. They also threatened the

petitioner that they would frame him in false cases of

molestation and SC/ST Act.

2.c. With regard to the above incident FIR in Cr.No.361 of

2007 came to be filed under Section 147, 341, 342, 427 and 506

(ii) IPC and Section 7(1) of the Criminal Law Amendment Act

against Vijay Anand and four others. Hence it is his contention

that to wreck vengeance as a counter measure on 02.05.2007 a

proxy FIR was got registered by the Southern Railway Mazdoor

Union through one of their comrades, the defacto complainant S.

Jayasree.

2.d. After thorough investigation the complaint lodged by

the Petitioner herein was transferred to the Assistant

Commissioner of Police, Periamedu, for investigation with a

direction to file a final report against the trade union

members. Whereas the complaint lodged by the Trade Union Members

of various branches of SRMU investigated by the Railway Police

and filed a final report and closed the FIR as “Further Action

Dropped”. As against which a Protest Petition was filed without

any details and questioning the act of the investigating

officer. Thereafter, the learned Magistrate has not accepted the

final report and treated the protest petition as a private

complaint, examined three witnesses and took cognizance for the

offences under Section 294(b), 506(ii) I.P.C.and 4 of TNPWH Act

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

and issued summons, which is sought to be quashed.

3.a. The learned Senior Counsel Mr.A. Ramesh appearing for

the Petitioner submitted that it is a classical case for abuse

of process of law. In order to wreck vengeance of the very

senior officer of the railways who took s