Ramanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA and Crl.M.P.(MD)No.1471 of 2021 Ramanathan

...Petitioner/Accused No.3

/Vs./ 1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.153 of 2013) ... 1st Respondents/Complainant 2.Sundaravalli, Village Administrative Office, Saloor.

...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in P.R.C.No.8 of 2020 on the file of the learned Judicial Magistrate No.II, Sivagangai and quash the same.

For Petitioner : M/s.A.Rajini For Respondent No.1 : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The present petition has been filed under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings in P.R.C.No.8 of 2020 on the file of the learned Judicial Magistrate No.II, Sivagangai.

2.The contention of Mr.A.Rajini, learned counsel for the petitioner is that Jallikattu is an ancient sports of Tamil community and that the persons who participate in Jallikattu get injured and lose their lives also. However, no Jallikattu organisers are prosecuted criminally by the police and that the Inspector of Police Sivagangai Taluk police station registered First Information Report in Crime No.153 of 2013 against the present petitioner / accused No.3 and also filed a final report in P.R.C.No.8 of 2020 on the file of the Judicial Magistrate No.II, Sivagangai.

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3.Mr.A.Robinson, learned Government Advocate (Criminal Side), who accepts notice on behalf of the first respondent, on instructions, would contend that P.R.C.No.8 of 2020 has been committed to the Court of Sessions by the learned Judicial Magistrate No.II, Sivagangai, on 19.03.2020 and that the offences alleged against the petitioner are under Sections 143, 188, 325 and 304 of the Indian Penal Code read with Sections 3 to 7 of the Tamil Nadu Regulation of Jallikatu Act, 2009.

4.On a perusal of the final report filed by the police clearly shows that the petitioner, without getting any prior permission and without taking necessary precautionary measures had conducted Jallikattu, which resulted in death of one Bose and injuries to several persons.

5.In the circumstances, I do not say any reason to quash the proceedings in P.R.C.No.8 of 2020 on the file of the learned Judicial Magistrate No.II, Sivagangai. It is pertinent to point out that the case has already been committed to the Court of Sessions on 19.03.2020. On this score also, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) sm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.II, Sivagangai.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

23.02.2021 SGS(CO) TR(18.03.2021) 3P 4C 3/3