Thangapandian vs The Inspector Of Police on 3 August, 2023

[Cites 7, Cited by 0]

Madras High Court

Thangapandian vs The Inspector Of Police on 3 August, 2023

Bench: N.Anand Venkatesh

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 03.08.2023

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           Crl.O.P(MD) No.1919 of 2021
                                                       and
                                           Crl.M.P.(MD)No.959 of 2021

                     Thangapandian                                  .. Petitioner

                                                       Vs.

                     1. The Inspector of Police,
                        Seithur Police Station,
                        Virudhunagar District,
                        in Crime No.216 of 2014

                     2. R.M.Gurusamy                                .. Respondents



                     PRAYER : Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to call for the records in pursuant to

                     the charge sheet in S.T.C.No.2565 of 2019 on the file of the Judicial

                     Magistrate No.II, Srivilliputtur in Crime No.216 of 2014 on the file of

                     the Inspector of Police,Thalavaipuram Police Station, Virudhunagar


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                     District and quash the same as far as the petitioner's concern.

                                  For Petitioner           : Mr.R.Ragavendran

                                  For Respondent No.1        : Mr.E.Raj Thilak
                                                             Additional Public Prosecutor

                                  For Respondent No.2         :   No appearance

                                                         ORDER

This petition has been filed to quash the proceedings in STC No.2565 of 2019 on the file of Judicial Magistrate No.II, Srivilliputtur.

2. The case of the prosecution is that on 19.04.2014, an election campaign was done by a political party and it is stated that the party members had violated the election rules and had hoisted the flag and had put up a flagpole over 100 feet and had tied flags and thereby, they had committed an offence. An FIR came to be registered in Crime No.216 of 2014 for offence under Section 4A (1) of the Tamil Nadu open Space (Prevention of disfigurement) Act, 1959 (hereinafter referred to as the Act) and Section 123 (7) of the Representation of people's Act1957 r/w. Section 188 of IPC. 2/7 https://www.mhc.tn.gov.in/judis

3. On completion of investigation, a final report has been filed before the Court below and the same has been taken on file and the Court below has taken cognizance against two accused persons for offence under Section 4A (1) (b) of the Act. Aggrieved by the same, this Criminal Original petition has been filed by A1 before this Court.

4. Heard Mr.R.Ragavendran, learned counsel for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for 1st respondent.

5. Section 4 (A) (1) (b) reads as follows :-

"4-A. Prohibition of, pasting of posters and fixing of thatty boards, etc.- (1) Notwithstanding anything contained in sections 3, 3-A or 4 or any other provision of this Act, or any law for the time being in force, no person shall, in any local area,-

(b) put up or fix any thatty board or board supported on, or attached to, any post, pole, standard, framework or other support wholly or in part upon or over any land, building, wall or structure:

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6. In the present case, the allegation against the accused persons is that they had put up a flagpole over 100 feet and had tied the party flag. A careful reading of the above provision shows that the above provision deals with prohibition of pasting of postures and fixing of thatty boards etc., In this case, the allegation is that the accused persons were hoisted a flag. That does not constitute an offence under the Act.

7. Even otherwise, the entire case started on the ground that there is a violation of the election code of conduct and the proceedings started by registering an FIR under Section 123(7) of the Representation of People's Act and Section 188 of IPC apart from Section 4(A) (1) (b) of the Act. Ultimately the other two offence have been given up and the final report has been filed only for the offence under Section 4A (1) (b) of the Act. The offence under this provision is punishable with a maximum imprisonment of three months. Hence, no useful purpose will be served in continuing 4/7 https://www.mhc.tn.gov.in/judis with the criminal prosecution as against the accused persons at this length of time.

8. These are cases where FIRs come to be registered during election campaign and thereafter, the entire case looses its steam. Today, this case is a dead wood and it will be a complete waste of time to proceed further and conduct criminal prosecution.

9. In the light of the above discussion, the proceedings in STC No.2565 of 2019 on the file of Judicial Magistrate No.II, Srivilliputtur is hereby set aside in its entirety and this Criminal Original petition is accordingly allowed. Consequently, the connected miscellaneous petition is closed.

03.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rka To

1. The Judicial Magistrate No.II, Srivilliputtur. 5/7 https://www.mhc.tn.gov.in/judis

2. The Inspector of Police,Thalavaipuram Police Station, Virudhunagar District.

3. The Inspector of Police, Seithur Police Station, Virudhunagar District,

4. The Public Prosecutor High Court of Madras, Chennai N.ANAND VENKATESH, J 6/7 https://www.mhc.tn.gov.in/judis rka Crl.O.P(MD) No.1919 of 2021 and Crl.M.P.(MD)No.959 of 2021 03.08.2023 7/7 https://www.mhc.tn.gov.in/judis

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