IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021

CORAM

THE HON'BLE MS.JUSTICE R.N.MANJULA

CRL.O.P.NO.31996 OF 2019

AND CRL.M.P.NO.17540 OF 2019

M.Balaji

... Petitioner/

Accused-1

Vs.

State rep. by

The Inspector of Police,

B1, North Beach Police Station,

Chennai - 1.

... Respondent/

Defacto Complainant

Prayer:-

This Criminal Original Petition is filed under Section 482

of Cr.P.C., to call for the records in C.C.No.1757 of 2017 on

the file of the learned Judicial Magistrate Court VII, George

Town, Chennai and quash the same.

For Petitioner

:

M/s.T.Dharani

For Respondent

:

Mrs.G.V.Kasthuri [R1]

Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed calling for the

records in C.C.No.1757 of 2017 on the file of the learned

Judicial Magistrate Court VII, George Town, Chennai and quash

the same.

2. This case is one among series of cases registered against

several persons for the alleged commission of criminal offence

during the Jallikattu protest held at Marina Beach in the year

2017.

3. The case of the prosecution is that the petitioner along

with other persons had illegally assembled and protested in

public place without prior permission and raised a slogans

against Central and State Governments and demanded to hold

https://hcservices.ecourts.gov.in/hcservices/

Jallikattu every year. Several cases have been registered

against several persons for causing violence during the said

protest. The Government has taken a policy decision to withdraw

all such cases in the public interest.

4. The learned counsel for the petitioner submitted that the

Government Order has also been passed in this regard. So far as

this case is concerned, charge sheet has been filed and the case

has also been taken on file. A copy of the Government Order in

G.O.(Ms) No.99 Home (Courts-IV) Department dated 20.02.2021 is

perused. The above mentioned Government Order reads as under:-

3. The Public Prosecutor, High Court, Chennai in

his letter second read above, has offered his

considered

opinion

that

further

proceedings/prosecution, as the case may be, be

dropped/withdrawn respectively, in the following

manner:-

A. In cases where the investigation is still

pending, further action may be dropped by the

concerned police;

B. In cases where the case is pending trial,

the Assistant Public Prosecutor in charge of

the respective cases may be directed to move an

application under Section 321 of the Code of

Criminal

Procedure

for

withdrawal

of

prosecution and follow the procedure prescribed

therein;

C. In S.Nos.129 and 132 in the annexure, the

cases are pending trial and Indian Railways Act

is involved. Hence, a further permission from

the Central Government may be obtained and

produced before the Trial Court and the

Assistant Public Prosecutor in charge of the

respective cases may be directed to move an

appliation under Section 321 of the Code of

Criminal

Procedure

for

withdrawal

of

prosecution and follow the procedure prescrbied

therein;

D. In cases where Prevention of Cruelty to

Animals Act (Entry 17 of the Concurrent list of

the Seventh Schedule to the Constitution of

India) and Criminal Law Amendment Act [Entry 1

of the Concurrent list of the Seventh Schedule

to the Constitution of India] is involved, no

such permission from the Central Government may

be required.

https://hcservices.ecourts.gov.in/hcservices/

4. The Government, after careful examination,

hereby order for the withdrawal of cases registered

during 2017 Jallikattu Protest (308 cases) as per the

annexure to this order, by following the procedures as

opined by the Public Prosecutor, High Court, Chennai

in para 3 above.

5. It is further submitted by the learned counsel for the

petitioner that in view of the stay order pending in this case,

the learned Additional Public Prosecutor who is in charge of the

case before th