Madras High Court
K.Karunanithi vs State Through on 28 October, 2025
Author: S.Srimathy
Bench: S.Srimathy
Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 28.10.2025
PRESENT
The HONOURABLE MRS.JUSTICE S.SRIMATHY
CRL OP(MD)Nos. 16870, 16906, 16909
& 16920 of 2023
and
CRL MP(MD)Nos.13427, 13428, 13456,
13457, 13459, 13460, 13467, 13469 of 2023
CRL OP(MD)No. 16870 of 2023:
K.Karunanithi ... Petitioner
Vs.
State through,
The Inspector of Police,
West Police Station,
Kovilpatti,
Thoothukudi District.
(Crime No.230 of 2023) ... Respondents
PETITION FOR QUASH Under Sec.482 of Cr.P.C.
PRAYER :- To call for the records pertaining to the impugned charge sheet
filed in S.T.C.No.342 of 2023, on the file of the Judicial Magistrate II,
Kovilpatti and to quash the same.
For Petitioner : Mr.S.Saravanan
For Respondent : Mr.A.Thiruvadi Kumar
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Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023
Additional Public Prosecutor
CRL OP(MD)No. 16906 of 2023:
K.Karunanithi ... Petitioner
Vs.
1.The State through,
The Inspector of Police,
West Police Station,
Kovilpatti,
Thoothukudi District.
2.Sarath Kumar,
Flying Squad, Team Leader FST (IC),
Kovilpatti Constituency, Kovilpatti,
Thoothukudi District. ... Respondents
PETITION FOR QUASH Under Sec.482 of Cr.P.C.
PRAYER :- To call for the records pertaining to the impugned charge sheet in
S.T.C.No.336 of 2023, on the file of the Judicial Magistrate II, Kovilpatti and
to quash the same.
For Petitioner : Mr.S.Saravanan
For R1 : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
For R2 : No appearance
CRL OP(MD)No. 16909 of 2023:
K.Karunanithi ... Petitioner
Vs.
1.The State through,
The Inspector of Police,
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Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023
West Police Station,
Kovilpatti,
Thoothukudi District.
2.Sarath Kumar,
Flying Squad, Team Leader FST (IC),
Kovilpatti Constituency, Kovilpatti,
Thoothukudi District. ... Respondents
PETITION FOR QUASH Under Sec.482 of Cr.P.C.
PRAYER :- To call for the records pertaining to the impugned charge sheet in
S.T.C.No.331 of 2023, on the file of the Judicial Magistrate II, Kovilpatti and
to quash the same.
For Petitioner : Mr.S.Saravanan
For Respondent : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
CRL OP(MD)No. 16920 of 2023:
K.Karunanithi ... Petitioner
Vs.
State through,
The Inspector of Police,
West Police Station,
Kovilpatti,
Thoothukudi District.
... Respondent
For Petitioner : Mr.S.Saravanan
For Respondent : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
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Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023
PETITION FOR QUASH Under Sec.482 of Cr.P.C.
PRAYER :- To call for the records pertaining to the impugned charge sheet in
S.T.C.No.334 of 2023, on the file of the Judicial Magistrate II, Kovilpatti and
to quash the same.
COMMON ORDER:The Court made the following order :-
All the criminal original petitions are pertaining to the same person and same issue and hence all the petitions are taken together and common order is passed.
2.(i) The CRL OP(MD)No.16870 of 2023 has been filed to quash the S.T.C.No.342 of 2023 from Crime No.230 of 2021 for the alleged offences under Sections 143, 283 and 171(H) of IPC. The case of the prosecution is that on 18.03.2021 when the Sub Inspector of Police, West Police Station, Kovilpatti was in patrolled duty at Kovilpatti Legislative Constituency for a local body election the petitioner and 1500 others had procession with party flag to file nomination for an election which is violation of election rules. The contention of the petitioner is that he is a Town Secretary of Dravida Munnetra Kalagam for the past 12 years and a Ward Councilor and also elected as a Municipal Chairman and presently he is the Chairman of the Kovilpatti 4/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 08:24:54 pm ) Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023 Municipality. The petitioner did not commit any offence as alleged by the prosecution and the petitioner is not having any bad antecedents other than these cases.
2.(ii) As per FIR it is not the case of the defect complainant/head constable that the petitioner along with others has unlawfully assembled and used force or violence. Hence offence under 143 of IPC is not attracted. As far as allegation under section 283 is concerned, the prosecution submitted that the petitioner caused obstruction to general public and traffic. It is seen that there were Covid-19 restrictions, therefore allegation that the petitioner caused obstruction to general public may not be possible since the general public was not allowed and there was restriction. Hence this Court is of the considered opinion that the offence under section 283 may not be attracted. As far as section 171(H) is concerned, even in FIR there is no allegation that the petitioner granted illegal payments. It is only the allegation that the petitioner and some other had assembled along with party flag for filing nomination. When all the three sections are not attracted, then the C.C. is liable to be quashed and accordingly quashed.
3.(i) The CRL OP(MD)No.16909 of 2023 has been filed to quash the 5/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 08:24:54 pm ) Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023 S.T.C.No.331 of 2023 in Crime No.275 of 2021 for the alleged offences under sections 143, 283 and 171(H) of IPC. The case of the prosecution is that on 01.04.2021 when the Assistant Engineer PWD, the head of flying squad for Kovilpatti Legislative Constituency for a local body election, while was on duty, had seen the petitioner and 32 others had procession, drumming the instrument which is violation of election rules. The contention of the petitioner is that he is a Town Secretary of Dravida Munnetra Kalagam for the past 12 years and a Ward Councilor and also elected as a Municipal Chairman and presently he is the Chairman of the Kovilpatti Municipality. The petitioner did not commit any offence as alleged by the prosecution and the petitioner is not having any bad antecedents other than these cases.
3.(ii) As per FIR it is not the case of the defect complainant/ Head of Flying Squad that the petitioner along with others has unlawfully assembled and used force or violence. Hence offence under 143 of IPC is not attracted. As far as allegation under section 283 is concerned, the prosecution submitted that the petitioner caused obstruction to general public and traffic. It is seen that there were Covid-19 restrictions, therefore allegation that the petitioner caused obstruction to general public may not be possible since the general public was not allowed and there was restriction. Hence this Court is of the considered 6/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 08:24:54 pm ) Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023 opinion that the offence under section 283 may not be attracted. As far as section 171(H) is concerned, even in FIR there is no allegation that the petitioner granted illegal payments. It is only the allegation that the petitioner and some other had assembled along with party flag with drumming procession. When all the three sections are not attracted, then the C.C. is liable to be quashed and accordingly quashed.
4.(i) The CRL OP(MD)No.16906 of 2023 has been filed to quash the S.T.C.No.336 of 2023 in Crime No.277 of 2021 for the alleged offences under sections 143, 279, 283 and 171(H) of IPC read with section 4AA(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act 1959. The case of the prosecution is that on 02.04.2021 when the Assistant Engineer PWD, the head of flying squad for Kovilpatti Legislative Constituency for a local body election, while was on duty, had seen the petitioner and 500 others had assembled unlawfully with the party flag and conducted bike rally which is violation of election rules. The contention of the petitioner is that he is a Town Secretary of Dravida Munnetra Kalagam for the past 12 years and a Ward Councilor and also elected as a Municipal Chairman and presently he is the Chairman of the Kovilpatti Municipality. The petitioner did not commit any offence as alleged by the prosecution and the petitioner is not having any bad 7/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 08:24:54 pm ) Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023 antecedents other than these cases.
4.(ii) As per FIR it is not the case of the defect complainant/ Head of Flying Squad that the petitioner along with others has unlawfully assembled and used force or violence. Hence offence under 143 of IPC is not attracted. As far as allegation under section 283 is concerned, the prosecution submitted that the petitioner caused obstruction to general public and traffic. It is seen that there were Covid-19 restrictions, therefore allegation that the petitioner caused obstruction to general public may not be possible since the general public was not allowed and there was restriction. Hence this Court is of the considered opinion that the offence under section 283 may not be attracted. As far as the section 279 is concerned, the section would be attracted if there is rash driving which would endanger the life of human being. In the present case the allegation is bike procession only. Whenever there is any procession the same would be only slow, hence the allegation of rash driving may not be possible. As far as section 171(H) is concerned, even in FIR there is no allegation that the petitioner granted illegal payments. It is only the allegation that the petitioner and some other had assembled along with party flag for bike procession.
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4.(iii) As far as the section 4AA(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act 1959 is concerned, the relevant provision is extracted hereunder:
"4-AA.Prohibition of pasting of posters and fixing of thatty boards, etc. on motor vehicle:-(1) Notwithstanding anything contained in section 3, 3A, 4 or 4-A or any other provision of this Act, or any law for the time being in force, on person shall-
(a) affix to or inscribe or exhibit on, any motor vehicle any poster or any effigy, or any bill, notice, document, paper or other thing containing any words, signs or visible representation;"
The above section is attracted if there is any posters, notice, signs etc. In the present case the allegation is the petitioner had carried the party flag. Carrying the party flag in a bike procession may not attract the aforesaid provision. Therefore, this Court is of the considered opinion that the aforesaid section under Disfigurement Act is not applicable for the present allegations. When all the four sections read with Disfigurement Act are not attracted, then the C.C. is liable to be quashed and accordingly quashed.
5.(i) The CRL OP(MD)No.16920 of 2023 has been filed to quash the S.T.C.No.334 of 2023 in Crime No.250 of 2021 for the alleged offences under 9/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 08:24:54 pm ) Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023 sections 143, 283 and 171(H) of IPC read with section 3 of Tamil Nadu Open Places (Prevention of Disfigurement) Act 1959. The case of the prosecution is that on 25.03.2021 when the Sub Inspector of Police, of Kovilpatti West Police Station, Kovilpatti was in patrolled duty at Kovilpatti Legislative Constituency for a local body election, while was on duty, had seen the petitioner and 500 others had assembled unlawfully with party flag which is violation of election rules. The contention of the petitioner is that he is a Town Secretary of Dravida Munnetra Kalagam for the past 12 years and a Ward Councilor and also elected as a Municipal Chairman and presently he is the Chairman of the Kovilpatti Municipality. The petitioner did not commit any offence as alleged by the prosecution and the petitioner is not having any bad antecedents other than these cases.
5.(ii) As per FIR it is not the case of the defect complainant/ Sub Inspector of Police that the petitioner along with others has unlawfully assembled and used force or violence. Hence offence under 143 of IPC is not attracted. As far as allegation under section 283 is concerned, the prosecution submitted that the petitioner caused obstruction to general public and traffic. It is seen that there were Covid-19 restrictions, therefore allegation that the petitioner caused obstruction to general public may not be possible since the 10/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 08:24:54 pm ) Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023 general public was not allowed and there was restriction. Hence this Court is of the considered opinion that the offence under section 283 may not be attracted. As far as section 171(H) is concerned, even in FIR there is no allegation that the petitioner granted illegal payments. It is only the allegation that the petitioner and some other had assembled along with party flag.
5.(iii) As far as the section 3 of Tamil Nadu Open Places (Prevention of Disfigurement) Act 1959 is concerned, the relevant provision is extracted hereunder:
"3.Penalty for disfigurement by objectionable advertisement:-
Whoever affixes to, or inscribes or exhibits on, any place open to public view any objectionable advertisement shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to (five thousand rupees) or with both."
The above section is attracted if any person affixes or inscribes or exhibits objectionable advertisement to public view. In the present case the allegation is the petitioner had assembled along with the party flag. Carrying the party flag is not objectionable offence, hence the aforesaid provision may not be attracted. Therefore, this Court is of the considered opinion that the aforesaid section under Disfigurement Act is not applicable for the present allegations. When all the four sections read with Disfigurement Act are not attracted, then the C.C. is 11/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 08:24:54 pm ) Crl.OP.(MD)Nos.16870, 16906, 16909 and 16920 of 2023 liable to be quashed and accordingly, quashed.
6. For the reasons stated supra, the impugned charge sheets are quashed. Accordingly, the criminal original petitions are allowed. Consequently, connected miscellaneous petitions are closed.
28.10.2025 TMG TO
1. Judicial Magistrate, No.II, Kovilpatti.
2.The Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
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