Ganapathi v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.MP(MD)No.16950 of 2025 Ganapathi, ... Petitioner Vs.

The State of Tamilnadu, Rep., By the Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.1420 of 2020).

... Respondent PRAYER :- This Petition is filed under Section 528 BNSS, to call for the records connected with the case in Crime No.1420 of 2020, pending on the file of the Respondent and quash the same as illegal. For Petitioner : Mr.R.Prakash, For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The Petition is to quash the impugned FIR registered for the offence under Sections 143, 188, 336, 289 IPC and Section 11(1)(a) of Prevention of Cruelty to Animals Act, 1960.

1/6

2. The gist of the allegations is that the petitioner along with others had participated and conducted Jallikattu while there was a ban during COVID-19 period by causing cruelty to the bulls.

3. The learned counsel for the petitioner would submit that FIR was registered on 01.11.2020; that the respondent has not filed a final report so far; that the offences alleged against the petitioner are punishable with a maximum sentence of six months; that therefore, the final report ought to have been filed within a period of one year; and that even if the respondent is now allowed to file the final report, it would be barred by limitation.

4. The learned Additional Public Prosecutor would submit that the final report has been filed today before the learned Magistrate, Tirumangalam through e-filing and would fairly submit that no petition seeking condonation of delay under Section 473 of Cr.P.C., was filed. 2/6

5. The petitioner as stated earlier was sought to be prosecuted for participating in the jallikattu during the COVID period. The offences and punishments are as follows:

Section Punishment 143 IPC Punished with imprisonment of either description for a term which may extend to Six months or with fine or with both.

188 IPC Punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both.

289 IPC Punished with imprisonment of either description for a term which may extend to Six months or with fine which may extend to one thousand rupees, or with both.

336 IPC Punished with imprisonment of either description for a term which may extend to Three months or with fine which may extend to two hundred and fifty rupees, or with both.

a of Prevention of Cruelty to Animals Act, He shall punishable in the case of first offence with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.

3/6

6. From the above tabular column, it would be clear that the maximum sentence of imprisonment that can be imposed on the petitioner is six months. The respondent under Section 468(2) (b) of Cr.P.C., ought to have been filed within a period of one year. The respondent has filed the final report only today, after a lapse of five years. The respondent has no justifiable reason for the delay. They have also not filed any petition to condone the delay.

7. Hence, this Court is of the view that the impugned FIR and the consequential final report filed before the Judicial Magistrate, Thirumangalam are liable to be quashed and accordingly quashed.

8. This Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed.

17.11.2025 Index:Yes/No NCC:Yes/No LS 4/6

TO

1. The Judicial Magistrate, Tirumangalam 2.The Inspector of Police, Perungudi Police Station, Madurai District.

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

5/6

SUNDER MOHAN,J.

LS CRL OP(MD) No.20065 of 2025 17.11.2025 6/6