Crl.O.P.(MD)No.7822 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATE ON WHICH RESERVED : 16.06.2021

DATE ON WHICH PRONOUNCED : 25.06.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN

Crl.O.P.(MD)No.7822 of 2021

and

Crl.MP(MD)No.3996 of 2021

1.J.Sikkanthar Batcha

2.Ubedullah

3.S.Syed Ibrahim

4.H.Jafar Hussain

5.A.Nawaz Khan

6.J.Mohamed Yasin

... Petitioners/Accused Nos.1 to 6

Vs.

1.State rep by

The Inspector of Police,

South Gate Police Station,

Madurai District.

... 1^st Respondent/Complainant

2.S.Vanniyan

... 2^nd Respondent/Defacto

Complainant

Prayer:Criminal Original Petition is filed under Section 482

Cr.P.C., to call for records of the impugned charge sheet in

C.C.No.837/2020 on the file of Judicial Magistrate No.IV, Madurai

and quash the same.

For Petitioners

: Mr.G.Prabhu Rajadurai

For R1

: Mr.R.M.Anbu Nithi,

Additional Public Prosecutor.

ORDER

This Criminal Original Petition is filed to quash the impugned

charge sheet in C.C.No.837/2020 on the file of Judicial Magistrate

No.IV, Madurai.

2.The case of the prosecution:-

(i) The second respondent is the defacto complainant. He was

working as a Head Constable in B5, South Gate ( Law & Order) Police

Station, Madurai City. On 22.07.2019, at about 10.15 a.m, when he

was in patrolling duty near the Vadamalaiyan Hospital, Chinnakadai

Junction, South Marret Street, South Gate, Madurai City, he found

the petitioner along with some other persons conducted agitation

against the Madurai Corporation for non supply of sufficient

drinking water. They staged a road roko agitation. He informed the

petitioners that it is the main route, traffic is also high and also

they must disperse. But, the petitioner and other did not hear the

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Crl.O.P.(MD)No.7822 of 2021

request made by him. So, with this allegation, he lodged a complaint

with the first respondent. Upon which, a case in Crime No.282 of

2019 was registered. Investigation also undertaken by the first

respondent police and after completing the investigation, they filed

a final report before the learned Judicial Magistrate No.IV,

Madurai. Which was taken on filed in C.C.No.837 of 2020.

3. Seeking quashment of the final report, this petition is

filed mainly on the ground that what was demanded is drinking water

to the locality to which the petitioners belong, which can not be

construed as illegal or unlawful. Moreover, none of the offences

mentioned in the final report attract any of the ingredients

mentioned in those Sections against these petitioners. He would also

rely upon the judgment of this Court in Jeevanandham and others Vs

The Inspector of Police, Velayuthampalayam Police Station Karur

District, reported in 2018 (2) L.W.(Crl.) 606 and further judgments.

4. Heard both sides.

5. It is not disputed by the learned counsel for the

petitioners that on 22.07.2019, at about 10.15 a.m, staged a road

roko agitation near the Vadamalaiyan Hospital, Chinnakadai Junction,

South Marret Street, South Gate, Madurai City, demanding sufficient

supply of water to the locality to which the petitioners belong. So,

according to the learned counsel for the petitioner, it is a

peaceful assembly and agitation was also peaceful and they did not

cause any nuisance to the public or indulged in breach of peace in

that area. Water is a basic necessity, which the Corporation bound

to supply sufficiently.

6. A similar situation in Crl.OP.No.21965 of 2019, dated

21.08.2019 in M.Nithyanandam Vs. State and Other, this Court has

quashed the final report, which was filed under Sections 143, 341

and 283 IPC. In that case, the village people gathered in the place

of occurrence and sat on the public road and staged a road roko

agitation demanding supply of water. This Court by observing that

food, water and shelter are the basic necessities for human life.