O R D E R

This criminal original petition has been filed seeking quashment of the FIR in Crime No.9 of 2022 on the file of the 1st respondent Police.

2.The case of the prosecution in brief:-

The de-facto complainant, who is the President-cum-

District Collector, lodged a complaint stating that the 1st petitioner namely Samiyappan (A1) is the Honorary Secretary of the Society for the Prevention of Cruelty to Animals (hereinafter called as 'SPCA') and the 2nd petitioner namely Karunanidhi (A2) is the Honorary Treasurer of the SPCA. They are maintaining Bank Account bearing No.1221101027215 for SPCA, Thanjavur. SPCA, Thanjavur was registered under the Societies Registration Act in Document No.32/1973. As the registration was not periodically renewed, the de-facto complainant has registered a fresh Society under the name 'SPCA, Thanjavur District' on 28/02/2022. Subsequent to the new registration of the Society, the petitioners/A1 and A2 have withdrawn a sum of Rs.1,86,000/- through one Jeyakumar(A3) for the period between 01/03/2022 and 04/04/2022. As for the above said amount, no proper accounts were submitted. So a complaint was given by the de-facto complainant. Upon which, a case in Crime No.9 of 2022 was registered for the offences under sections 409

and 420 IPC.

3.Seeking quashment of the same, this petition has been filed by the petitioners, who are arrayed as A1 and

A2.

4.Heard both sides.

5.The issue involved can be appreciated in the light of the WP(MD)No.11019 of 2023 filed by the first petitioner herein against the de-facto complainant and the State Government.

6.WP(MD)No.8804 of 2022 was filed by the second petitioner for issuance of Writ of Certiorarified Mandamus seeking quashment of the letters issued by the District Collector, Thanjavur District in Na.Ka.No. 8628/A3/2020, dated 19/03/2022 and Na.Ka.No.8628/A3/2020, dated 29/03/2022. Para 5 to 14 are extracted hereunder:-

“5.I sincerely submit that the

Society for Prevention of Cruelty to Animals, Thanjavur was initially registered in 1929 under the Societies Registration Act, 1860. In 1935 itself, the said society purchased Acre 6.47 Cents and further Nanjai Acre 6.66 Cents in favour of its name through different sale deeds with the help of individual members.

6.I sincerely submit that while the above society was functioning under the control of a committee consisting of private good Samaritans, the Prevention of Cruelty to Animals Act, 1960, was enacted, and the Central Government established 'Animal Welfare Board of India' in 1962 under Section 4 of the above Act under the jurisdiction of the Ministry of Food and Agriculture. In 1990, the subject of prevention of cruelty to animals was transferred to the Ministry of Environment, Forests and Climate Change. At present, the Animal Welfare Board of India has been shifted to the Department of Animal Husbandry and Dairying, Ministry of Fisheries,

Animal Husbandry and Dairying.

7.I sincerely submit that the

Animal Welfare Board of India is a statutory and advisory body. As per the direction of the Animal Welfare Board of India, the above society changed is bye- laws in 1968, and according to the bye- laws, the District Collector of Thanjavur shall be the President of the society. Government officials holding high positions are made Honorary members. The Secretary shall be ex- officio member of the Executive Committee. The society may sell, exchange, lease, mortgage, or dispose gratuitously or otherwise all or any part of the property of the society. Since the registration made in 1929 was not kept alive, the above society was again registered in 1973 under the Societies Registration Act, 1860, vide S.No.32/1973 on the file of the District

Registrar, Thanjavur.

8.I sincerely submit that while it was so, in 2001, the 'Prevention of Cruelty to Animals (Establishment and Regulation of societies for prevention of Cruelty to animals) Rules, 2001, was enacted. According to these rules, every State Government shall establish a society for