The Madras High Court quashed proceedings under the Railway Act against petitioner volunteers. The court found no prima facie material implicating their names, noting the absence of detailed particulars in the complaint.
Criminal Original Petition allowed; STC.No.768 of 2016 quashed; connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.7189 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.7189 of 2022
and Crl.M.P.Nos.4129 & 4133 of 2022
1.J.Jayaraj 2.K.N.Farookeali 3.M.Sikkandar
2.K.N.Farookeali
4.G.Bharathi
5.R.Venkat
6.S.Saravanan
7.S.Nohanasundaram
8.M.Tamilinian
9.Niranjankumar 10.C.Loganathan
11.R.Suresh Kumar
12.P.Sakthidhasan
13.S.Ramesh
14.N.Sankar
15.E.Vivek
16.K.Ponprabhakar 17.P.Velmurugan 18.M.Karthikeyan 19.M.Umasankar 20.G.Prakash 21.S.Thirunavukkarasu 22.T.Vijayasankar 23.D.Ashockumar 24.S.Kumuthavalli ... Petitioners
Crl.O.P.No.7189 of 2022
Vs.
2.R.Balasubramanian
... Respondents
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records pertaining to STC.No.768 of 2016 on the file of Judicial Magistrate II, Erode and to quash the same.
For Petitioners : Mr.R.Thirumoorthy For Respondents : Mr.K.Ramanamoorthy
O R D E R
The petitioners have filed this petition to quash the STC.No.768 of 2016 on the file of Judicial Magistrate II, Erode, having been taken cognizance for the offences punishable under Sections 147, 174(a) of Railway Act 1989.
who were described as Naam Tamilar Katchi volunteers had entered into
Crl.O.P.No.7189 of 2022
platform under the leadership of the 1st petitioner by carrying their flags, banner by shouting slogans against the Central Government and protested against hike in the price of petroleum products and blocked further movement of the train from platform No.2 by squatting and standing in front of the train on the track. In this regard train was suffered 03 minutes detention at Erode from 10.17 to 10.20 hrs. Then immediately agitators were removed from the track by Joint team of GRP, RPF & Local Police. Therefore a case was registered in RA crime No.834 of 2014 for offences under Section 147 & 174(a) Railway Act 2003 by the 1st respondent and laid complaint before the learned Judicial Magistrate No-II, Erode which was taken cognizance in STC.No.768 of 2016. Hence, the complaint.
Crl.O.P.No.7189 of 2022
authorities.
Force, but there is no authorised complaint on the side of the railway authorities.
Crl.O.P.No.7189 of 2022
Consequently, connected miscellaneous petitions are closed.
14.02.2024
Index: Yes/ No Neutral Citation: Yes/No rri
Crl.O.P.No.7189 of 2022
T.V.THAMILSELVI, J.
rri
Crl.O.P.No.7189 of 2022 and Crl.M.P.Nos.4129 & 4133 of 2022
14.02.2024
1 issue framed by the court
Whether the proceedings under Sections 147 and 174(a) of the Railway Act should be quashed in the absence of prima facie material implicating petitioners' names.
2 provisions across 2 enactments
Naam Tamilar Katchi volunteers (including J.Jayaraj, K.N.Farookeali, etc.)
Union of India
R.Balasubramanian
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
