The Madras High Court has quashed criminal proceedings against Balaji, who was facing a case under the Prevention of Cruelty to Animals Act over an allegation that he pelted a stone at his neighbour’s pet dog.
Justice G.K. Ilanthiraiyan passed the order on September 1, 2026, in a petition seeking quashing of proceedings pending before the Judicial Magistrate No. I, Tambaram.
Background Of The Case
The case arose from a complaint lodged by Devaraj Manikkam, Balaji’s neighbour. Police registered Crime No.404 of 2024 under Section 11(1)(a) of the Prevention of Cruelty to Animals Act, alleging that Balaji had thrown a stone at the dog. Following investigation, a final report was filed and the Magistrate took cognizance of the matter in STC No.1890 of 2025.
Balaji, however, claimed that there was previous enmity between the neighbours and that the dog had been driven towards him and bitten him while he was walking on the street. He had separately lodged a complaint, supported by medical records and photographs, which was registered as Crime No.403 of 2024 under Section 291 of the Bharatiya Nyaya Sanhita.
Court’s Observation
The High Court noted that there was no material showing that the dog had suffered any injury. It also considered the petitioner’s medical records and photographs relating to the alleged dog bite.
The Court further held that the alleged offence under Section 11(1)(a) was non-cognizable and that prior permission from the jurisdictional court was required before registering the FIR.
"Therefore, the first respondent ought to have obtained prior permission to register the First Information Report."
The Court found that such permission had not been obtained before registration and investigation.
Decision
Holding that the proceedings could not be sustained, the Madras High Court allowed Balaji’s petition and quashed STC No.1890 of 2025 pending before the Judicial Magistrate No. I, Tambaram.
The connected miscellaneous petition was also closed.
