Rajanayagam v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17957 of 2023 and Crl.M.P No.11855 of 2023 1.Rajanayagam 2.Velmurugan 3.Kaliyaperumal 4.Shanmugasundaram .... Petitioners -VsState of Tamil Nadu, rep.by The Inspector of Police Meensurutty Police Station Ariyalur District Crime No.70/2023 ....
Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the impugned FIR in Crime No.70/2023 on the file of the Inspector of Police, Meensurutty Police Station, Ariyalur District and quash the same.
For Petitioners : Mr.G.Nirmal Krishnan For Respondent : Mr.A.Damodaran Additional Public Prosecutor
ORDER
This petition has been filed to quash the FIR in Crime No.70 of 2023 pending investigation on the file of the respondent police.
2. A complaint has been given by the Sub Inspector of Police, Meensurutty Police Station to the effect that the petitioners had conducted 'Manjuvirattu' on 22.03.2023 without any permission. Based on the same, FIR has been registered for offences under Sections 143 and 270 of IPC and Section 11(1)(a) of the Prevention of Cruelty to Animals Act, 1960.
3.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.
4. It is seen from records that the organizers had already sought for permission to conduct 'Manjuvirattu' and since the same was not considered, they approached this Court and filed W.P.No.7346 of 2023. The said writ petition was disposed of by an order dated 09.03.2023, directing the police to consider the representation made on 27.01.2023 and pass suitable orders in line with the Circular Memorandum in RC.007301/Gen.I(1)/2019 dated 09.04.2019.
5. There is nothing in the complaint to show that the permission was rejected and it was informed to the petitioners and in spite of the same, the petitioners proceeded further to conduct the 'Manjuvirattu'. It is therefore clear that the order passed by this Court was not complied with and the petitioners had gone ahead and conducted the 'Manjuvirattu'.
6. Taking into consideration the facts and circumstances of the case, no useful purpose will be served in continuing with the investigation in this case since the event was over as early as on 22.03.2023 and it went on in a peaceful manner. It is also seen that the organizers had taken insurance from the New India Assurance Co. Ltd., towards any accident that may take place during the event.
7. Hence, the continuation of investigation will only result in abuse of process of law, which requires interference of this Court. Accordingly, the FIR in Crime No.70 of 2023 on the file of the Inspector of Police, Meensurutty Police Station, Ariyalur District is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.
11.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KST To 1.The Inspector of Police, Meensurutty Police Station Ariyalur District.
2.The Public Prosecutor, High Court of Madras, Madras.
N. ANAND VENKATESH, . J.
kst Crl.O.P No.17957 of 2023 11.08.2023