Madras High Court
V.K.Gurusamy vs The Special Sub-Inspector Of Police on 21 February, 2020
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.(MD).No.1972 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.(MD).No.1972 of 2020
and
Crl.M.P.(MD).No.971 of 2020
V.K.Gurusamy : Petitioner
Vs.
The Special Sub-Inspector of Police,
Theppakulam Police Station,
Madurai City, Madurai. : Respondent
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C. to call for the records pertaining to the First Information
Report in Crime No.717 of 2018, dated 03.08.2018, on the file of
the first respondent for the offences under Section 4(1) of Tamil
Nadu Open Places (Prevention of Disfigurement) Act, 1959 and
quash the same as illegal.
For Petitioner : Mr.T.Lajapathi Roy
For Respondent : Mr.S.Chandrasekar
Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.717 of 2018, dated http://www.judis.nic.in1/6 Crl.O.P.(MD).No.1972 of 2020 03.08.2018, on the file of the first respondent for the offences under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3.The case of the prosecution is that on 03.08.2018, the de- facto complainant, who is a Special Sub-Inspector of Police, lodged a complaint before the respondent police stating that the petitioner installed a flex banner measuring 15 x 10 feet for a family function near Chamber of Commerce, within their jurisdiction without obtaining permission which was in violation of law. Based on the complaint, a case in Crime No.717 of 2018 was registered for the offences under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.
4.The learned counsel for the petitioner would submit that the case has been registered for the offences under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, http://www.judis.nic.in2/6 Crl.O.P.(MD).No.1972 of 2020 which imposes a punishment which may extend to three months or with fine which may extend to Rs.200/-. When that being so, the final report as per Section 468(2)(b) of Cr.P.C., ought to have been filed within the period of limitation i.e., one year from the date of occurrence and there is bar for taking cognizance beyond the period of limitation. In this case, the offence is stated to have been committed on 03.08.2018 and till date the final report has not been filed, thereby, he would pray to quash the First Information Report.
6.On an earlier hearing, it was represented by the learned Additional Public Prosecutor that the investigation has been completed and final report was filed before the concerned Court within the period of limitation.
7.The learned counsel for the petitioner produced the copy of application which was returned by the concerned Magistrate stating that the First Information Report had not been received by the concerned Court and thereby, this Court had called for report from the concerned Magistrate, whether the final report in Crime No.717 of 2018 registered by the respondent police has been filed before the concerned Court. A report has been received from the http://www.judis.nic.in3/6 Crl.O.P.(MD).No.1972 of 2020 concerned Magistrate in D.No.196 of 2020, dated 20.02.2020, wherein, it had been stated that the First Information Report in Crime No.717 of 2018, on the file of the Theppakulam Police Station (L&O) is not yet received by the Court and that there is no final report in respect of Crime No.717 of 2018 in the concerned Court as on 03.08.2018 and subsequent dates. The report is form part of the record.
8.I have perused the records.
9.Section 4(1) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 reads as follows:-
“4(1) Penalty for unauthorized disfigurement by advertisement:-
[Subject to the provisions of Section 4-A, whoever affixes to] or inscribes or exhibits on, any place open to public view any advertisement without the written consent of the owner or occupier or person in management of the property in which such place is situated shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both.
(2) the Court while, Convicting the offender under http://www.judis.nic.in4/6 Crl.O.P.(MD).No.1972 of 2020 sub-Section (1) may by order, also, direct the offender to pay by way of the building or premises, of such amount not exceeding five hundred rupees on the whole as may be reasonable incurred by him in erasing and colour washing the portions of the building or premises which have disfigured by the act of the offender.”
10.There is no special provision barring the applicability of Section 468 of Cr.P.C., to the Tamil Nadu Open Places of Prevention of Disfigurement Act, 1959. As per Section 468(2)(b) of Cr.P.C, the final report ought to have been filed within one year. In this case, it has not been filed till date. The First Information Report tself has not been sent to Court.
11.In view of the same, this Court is of the opinion that no useful purpose would be served by keeping the First Information Report pending and thereby, the First Information Report in Crime No.717 of 2018 is quashed and this petition is allowed. Consequently, connected miscellaneous petition is closed.
21.02.2020 Index : Yes/No Internet: Yes/No sji http://www.judis.nic.in5/6 Crl.O.P.(MD).No.1972 of 2020 A.D.JAGADISH CHANDIRA, J.
sji To
1.The Additional District and Sessions Judge, Mahila Court, Madurai.
2.The Inspector of Police (L&O), S.S.Colony Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD).No.1972 of 2020 21.02.2020 http://www.judis.nic.in6/6