The filing of the final report much after the period of limitation rendered the trial court's cognizance of the offense illegal.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records relating to STC No.1922 of 2021 pending on the file of the Judicial Magistrate No.II, Dindigul District and quash the same and pass such further or other orders.)

This criminal original petition is filed seeking quashment of the case in STC No.1922 of 2021 on the file of the Judicial Magistrate No.II, Dindigul.

2. The case of the prosecution in brief:-

On 03/04/2016 at about 10.30 hours in the morning, the police team found posters pasted in the compound wall of the Revenue Department, demanding action against the private Nursing College administration. On investigation, it was found that the above said posters were pasted by the accused persons in violation of the prohibitory order. Upon which, a case in Crime No.465 of 2016 was registered for the offences under section 188 IPC r/w section 40-B, 4(1)(b) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. After completing the investigation, final report was filed and it was taken cognizance in STC No.1922 of 2021 by the Judicial Magistrate No.II, Dindigul.

3. Seeking quashment of the same, this petition has been filed by the petitioner/A2 on the ground that the occurrence said to have taken place, on 03/04/2016, but the final report was filed only in 2021, much after the period of limitation; Apart from that, it has also been stated that none of the allegations mentioned in the final report attract any of the ingredients of the offences under sections 188 IPC r/w section 4-B, 4(1)(b) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

4. Heard both sides.

5. It is a simple case of pasting posters in the Government office compound wall without proper permission, either from the administration of the building or from the competent authority, as per the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

6. Now let us go to the penal provision. Section 4(A) of the Amendment Act, reads as follows:-

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

(a) affix to, or inscribe or exhibit, any place open to public view, any poster or any bill, notice, document, paper or other thing containing any words, signs or visible representations; or

(b) put up for fix and 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 of structure."

7. Reading of this provision makes the position clear to the effect that pasting of posters without proper permission is punishable under section 4(B) of the Act.

8. Section 4(B) of the Act reads as under:-

"4-B. Penalty:-Whoever contravenes the provision of section 4-A shall be punished with imprisonment of either description, for a term which may extend one year, or with fine which may extend to five thousand rupees, or with both."

9. Reading of this provision shows that for violation of section 4-A of the Act, punishment prescribed is one year or with fine, which may extend to Rs.5,000/- or with both.

10. As mentioned earlier, maximum period of punishment is prescribed one year. As per section 468 Cr.P.C., final report ought to have been filed within a period of limitation. But, it has been presented much after the period of limitation. On that sole ground, this petition is liable to allowed and taking cognizance of the offence by the trial court itself is not legal.

11. In the result, this criminal original petition is allowed. The case in STC No.1922 of 2021 on the file of the Judicial Magistrate No.II, Dindigul, is herein quashed as against this petitioner. Consequently, connected Misc