S GNANATHIRAVIYAM Vs. STATE REP BY SECRETARY

JUDGEMENT

(1.) The petitioners herein stand accused of having committed offences under Sections 170, 419, 353, 506(1) r/w.34 of IPC and are facing trial in C.C No.343 of 2012 on the file of the learned Judicial Magistrate No.1, Tirunelveli.

(2.) The case of the prosecution is that on 15.08.2010 at about 20.00 hrs when the fifth respondent, namely, Tmt.V.Roselin Savio, was on duty as the Sub Inspector of Police of Veeravanallur Police Station, the accused entered the station premises by falsely posing themselves as if they are coming from Human Rights Commission and authoritatively demanded certain documents pertaining to one Suresh who was detained under Tamil Nadu Act 14 of 1982 (shortly known as Goondas Act). When the said Sub Inspector of Police wanted to know the identity of the accused, they not only refused but also threatened her with dire consequence. Thereupon, the said Sub Inspector of Police informed her superior officials. Since the accused intentionally entered the police station by impersonating themselves as officials representing the Government Human Rights Commission and made the Sub Inspector of Police to believe so and demanded production of case documents, Crime No.161 of 2010 was registered on the file of the Veeravanallur Police Station. It was subsequently transferred to Deputy Superintendent of Police, Organized Crime Unit, CB CID, Tirunelveli City who laid the final report against the petitioners. The same was taken on file in CC No.343 of 2012 by the learned Judicial Magistrate No.1, Tirunelveli. To quash the said proceedings, 4 out of the 5 accused have filed this Criminal Original Petition.

(3.) The learned counsel appearing for the petitioners submitted that One Suresh, a Dalit Youth who was a resident of Veeravanallur was subjected to human rights abuse. Therefore, a Non Governmental Organization known as Dalit Foundation constituted a fact finding team to go into the said issue. The said Dalit Foundation and Peoples Watch had organized a training programme from 11.08.2010 to 20.08.2010 at Pillar House, Madurai. The programme schedule envisaged field work on 15th and 16th August, 2010. As a part of the training, the accused visited Veeravanallur to gather materials relating to the said issue. They interviewed the family members of the said Suresh. Thereafter, they went to Veeravanallur Police Station to enquire the Station House officer about the status of the case pertaining to the arrest of the said Suresh and the alleged ill treatment meted out to him in the police station.