M.P. Patil vs State of Karnataka

A.V. Chandrashekara, J—Heard the learned counsel for the parties. All these petitions are filed under Section 482 of Cr.P.C.

Petitioner Sri. M.P. Patil, aged about 75 years is a retired Scientist. He is presently residing in his own layout at Bangalore. He was working as Senior Officer in the Department of Atomic Energy, Government of India and retired on 31.07.2000 after 36 years of service.

Petitioner was working in Full Reprocessing Group at Bhabha Atomic Research Centre, Trambay/Bombay. It is stated that he was also responsible for executing the Reprocessing Project in the Nuclear Power Project, Kalpakcum, Chennai. He is stated to have discharged his service as Project Director in several important power projects. It is stated that he was treated as a ''Outstanding Scientist'' for his contribution in the field of Energy. His native place is Musuti village, Basavana Bagewadi taluk, Vijaypur district. He has lands and house in Musuti village and has close relatives and friends in the said village. He is stated to have taken up social work after his retirement.

The National Thermal Power Corporation (NTPC) wanted to establish a Thermal Power Plan in Kudagi village of Basavana Bagewadi taluk. The power project intended to be set-up by National Thermal Project Corporation was of 4000 mw. Capacity and an agreement was signed on 11.01.2009 to establish Kudagi Super Thermal Power Project (KSTPP). In this regard, NTPC had convened a public hearing on 25.03.2010.

The Deputy Commissioner of Vijaypur district, Chairman of Environment Public Hearing Committee and about 16 officers participated in the meeting to elicit opinion of the public. In the said meeting hundreds of villagers expressed their opinion in regard to the possible adverse effect of the establishment of proposed Thermal Project on the entire environment including the health hazards. The petitioner and all the members who participated in the public hearing were of the unanimous opinion to oppose the establishment of Thermal Project in Kudagi village and later on they walked out of meeting.

This petitioner having sufficient knowledge in the field of Thermal Power is stated to have made known to the people about the possible adverse effect on the environment of Kudagi and nearby villages with all details and statistics. He had even submitted representations to the Government and to the Competent Authorities requesting not to establish the power plan at Kudagi village and had made it clear that it would better to establish a Solar Power Plan which would not have much adverse effect on the environment. His representations were not considered and the Authorities in question granted clearance to the proposed project. There was lot of opposition from Kudagi villagers and other neighbouring villagers in regard to the proposed establishment of Thermal Power Project.

According to the police, this petitioner was responsible for inciting the people to hold demonstration and cause severe damage to the public property. It is alleged that he was responsible for inciting the people to commit various types of offences inclusive of assaulting the public servants while discharging their duty and attempting on their life by threatening with dire consequences and causing mischief.

Present petitioner is accused along with other accused persons in the following cases registered by jurisdictional Kolhar police station for the offences punishable under Sections 143, 147, 148, 324, 326, 353, 307, 504, 506, 109 read with Section 149 of IPC and on other charges, on 05.07.2014. The details are given as under:

Case of the petitioner is that his name had not been mentioned as an accused in the First Information lodged by the concerned police and his name was shown as accused after 25 days of the incident on the basis of the further statement of the witnesses. Therefore, it is contended that no case is made out against him. It is his case that he had filed his objections before the National Green Tribunal in regard to the clearance granted to the NTPC to establish the Thermal Power Project at Kudagi. On the basis of the objections filed by him before National Green Tribunal in Appeal No. 12/2012, the National Green Tribunal has remanded the matter to the Ministry of Environment to reconsider the issue relating to the grant of environment clearance to the project afresh. Till such time, the order of granting environment clearance by the first respondent to the NTPC is kept in abeyance.

Therefore, it is argued by the learned counsel for the petitioner that no prima facie case is made out to go ahead with the proceedings initiated against the petitioner and that he is no way responsible for the protests or loss caused to the properties or the various offences committed by such protestors. He has placed reliance on the order passed by the National Green Tribunal in Appeal No. 12/2012. Hence, he prays to quash the proceedings initiated against the petitioner.

It is further contended by Sri G.G. Chagashetti, learned counsel for the petitioner that there cannot be many first information reports in respect of one incident and there cannot be many investigations in respect of the same offence and has placed reliance upon the decision rendered by the Hon''ble Apex Court in the case of T.T. Antony Vs. State of Kerala and Others, AIR 2001 SC 2637 : (2001) CriLJ 3329 : (2001) 3 Crimes 276 : (2001) 5 JT 440 : (2001) 4 SCALE 348 : (2001) 6 SCC 181 : (2001) 3 SCR 942 : (2001) AIRSCW 2571 : (2001) 5 Supreme 131 .

He has argued that there can be no second FIR and consequently there can be no fresh investigation on receipt of very subsequent information in respect of the same cognizable offences or same occurrence giving rise to one or more cognizable offences. It is argued that on entering the FIR in the station house diary, the officer in-charge of police station has to investigate not merely the cognizable offence but also the other connected offences found to have been committed in the course of the same transaction or the same occurrence and file one or more reports as provided under Section 173 of Cr.P.C.

Per contra Sri Prakash Yeli, learned Addl. SPP has vehemently opposed the application filed under Section 482 of Cr.P.C. on the ground that the order passed by the National Green Tribunal in Appeal No. 12/2012 is produced before this Court and this is an annexure filed to the petition under Section 482 of Cr.P.C. He has argued that the same cannot be taken into consideration unless it is tested on evidence as per the principles enunciated by the Hon''ble Apex Court in the case of State of Madhya Pradesh Vs. Awadh Kishore Gupta and Others, (2004) CriLJ 598 : (2003) 9 JT 284 : (2003) 9 SCALE 704 : (2004) 1 SCC 691 : (2004) 1 UJ 165 . He has argued that, if the petitioner is able to make out a case of not framing any charges against him, he is at liberty to file necessary application before the concerned Court either under Section 239 of Cr.P.C. or under Section 227 of Cr.P.C. as the case may be seeking discharge. He has argued that the order passed by the National Green Tribunal at New Delhi in Appeal No. 12/2012 has been stayed by the Hon''ble Apex Court in CA No. 3870/2014 on 01.04.2014 in the case of NTPC v. M.P. Patil. He has argued that the matter is still pending before the Hon''ble Apex Court and hence this is not a fit case to quash the proceedings.

After going through the records and hearing upon the learned counsel for the parties, it is seen that much reliance is placed upon by the learned counsel for the petitioners about the order passed National Green Tribunal Principal Bench at New Delhi in Appeal No. 12/2012. Accused/petitioner M.P. Patil, who is accused in all these cases himself had filed an appeal in regard to the environmental clearance granted by the Ministry of Environment and Forests to NTPC in the matter of establishing a Thermal Power Plant at Kudagi in Vijayapur District. The National Green Tribunal has passed a detailed order adverting various flaws found in the order passed by the Ministry of Environment and Forests while giving the clearance. The order relating to the environment clearance has been suspended and the matter is remitted to the Ministry of Environment and Forests to reconsider the request of NTPC afresh, in accordance with law. This order is appended to the petition. As held by the Hon''ble Apex Court in the case of State of M.P. v. Awadh Kishore Gupta and Others mentioned above, annexures appended to the petition filed under Section 482 of Cr.P.C. should not be looked into unless they are tested on evidence during the course of trial.

What is argued before this Court by the learned counsel for the petitioner is that, no case is made out to proceed further against this petitioner by the criminal proceedings yet and therefore the criminal proceedings initiated against this petitioner needs to be quashed. If that is so, nothing comes in the way of this petitioner in producing the order passed by the National Green Tribunal at New Delhi in Appeal No. 12/2012 and similarly nothing comes in the way of the Government in producing the order passed by the Hon''ble Apex Court before the concerned criminal Court. If the petitioner is able to make out a clear case of not proceeding further in order to frame charges, nothing comes in the way of this petitioner in moving necessary application either under Section 239 of Cr.P.C. or under Section 227 of Cr.P.C, as the case may be, requesting for discharge. In such an event the learned Judge is at liberty to take all the materials into account and sift the evidence for the limited purpose of finding out whether a case is made out to proceed further in order to frame charges.

In the light of the specific law laid down by the Hon''ble Apex Court in the case of State of M.P. v. Awadh Kishore Gupta and Others and the remedy being available to the petitioner to file necessary application seeking discharge, this is not a fit case to quash the proceedings at this stage.

ORDER

Accordingly, the petitions are disposed of granting liberty to the petitioner to approach the concerned Court by filing necessary application seeking discharge and to produce the copy of the order passed by the National Green Tribunal and the order passed by the Hon''ble Apex Court.

In such an event, the learned Judge to pass appropriate orders without being influenced in any manner by the observation made by this Court. If, for any reason an adverse order were to be passed against the petitioner by the concerned Court, he is at liberty to approach this Court afresh under Section 482 of Cr.P.C. Trial Court is expected to look into as to whether the principles enunciated by the Hon''ble Apex Court in the case of T.T. Antony Vs. State of Kerala and Others, AIR 2001 SC 2637 : (2001) CriLJ 3329 : (2001) 3 Crimes 276 : (2001) 5 JT 440 : (2001) 4 SCALE 348 : (2001) 6 SCC 181 : (2001) 3 SCR 942 : (2001) AIRSCW 2571 : (2001) 5 Supreme 131 are appropriate to the facts of the case since all the cases registered against him pertain to one offence.