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Madras High CourtCRL OP/23259/2024allowed

K.Hari v. The State Rep By

2024-10-17Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.K.Hari 2.M.Suresh ... Petitioners Vs.

State Rep. By The Inspector of police, Soundarapandiyanar Angadi Police Station, Chennai City ... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to quash the FIR in Crime No.274 of 2017 on the file of the respondent police.

For Petitioners : Mr.M.Rajasekaran For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

Protesting against the ban of Jallikattu, there was wide spread agitation and the petitioner is one of the accused in C.C.No.274 of 2017, in one such case registered by the respondent police for offences under Section 147, 148, 188, 341, 353, 149 of IPC and Section 7(1)(a) of Criminal Law Amendment Act, 2005.

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2.

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 Out of 308 cases shown as withdrawn, this Crime number due to over sight is not included.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. 3.

The learned Government Advocate (Crl.Side) appearing for the 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that this case is not included in G.O.Ms.No.99 dated 20.02.2021, however cases registered under similar sections were withdrawn.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 Similarly placed accused been withdrawn by the State through G.O.Ms.No.99. 4.

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.274 of 2024 stands quashed. 17.10.2024 rpl To 2/4

1.The Inspector of police, Soundarapandiyanar Angadi Police Station, Chennai City.

2.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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