A.Rajesh v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Rajesh ... Petitioner

Versus

1.The State Represented by The Inspector of Police, P-5 MKB Nagar Police Station, Chennai 600 039 2.E.Ravichandran ... Respondents PRAYER : Criminal Original petition filed under Section 528 BNSS, 2023 praying to call for the records and quash the FIR crime No.202 of 2017 dated 24.01.2017 pending on the file of the MKB Nagar Police Station, Chennai. For Petitioner : Mr.K.Sasindran For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side)

ORDER

This Criminal Original Petition is filed to quash the FIR in crime No.202 of 2017 dated 24.01.2017 pending on the file of the MKB Nagar Police 1/4

Station, Chennai.

2.

Protesting against the ban of Jallikattu, there was wide spread agitation and the petitioner is one of the accused in crime No.202 of 2017, in one such case registered by the first respondent police for offences under Sections 147, 148, 341, 294(b), 353, 395, 398, 307, 506(2), 149 of IPC & Section 3(1) of TN Public Property(Prvnt.of Damage & Loss) Act. 3.

The learned counsel appearing for the petitioner submitted that in the year 2021, the Government has passed G.O.Ms.No.99 of Home (Courts-IV) Department dated 20.02.2021 withdrawing the cases registered against Jallikattu protesters. Out of 308 cases shown as withdrawn, this Crime number due to over sight is not included. Therefore, he is before this Court to quash the complaint.

4.

The learned Government Advocate (Crl.Side) appearing for the first respondent police, on verifying the records, states that this case is not included in G.O.Ms.No.99 dated 20.02.2021, however cases registered under similar sections were withdrawn. He further states that the final report not filed in this case against accused. Similarly placed accused been withdrawn by the 2/4

State through G.O.Ms.No.99.

5.

This Court is of the view that applying the rule of parity, the case against this petitioner is liable to be quashed. Hence this Criminal Original Petition is allowed. Crime No.202 of 2017 on the file of the first respondent police stands quashed.

30.04.2025 Internet : Yes / No (1⁄2) Index : Yes / No lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Inspector of Police, P-5 MKB Nagar Police Station, Chennai 600 039 2.The Public Prosecutor, High Court of Madras 30.04.2025 (1⁄2) 4/4