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G. ILANGOVAN
S. Baskar – Appellant
Versus
State of Tamil Nadu rep. by the Sub-Inspector of Police, Dindigul – Respondent
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 sa
The filing of the final report much after the period of limitation rendered the trial court's cognizance of the offense illegal.
Prosecution under offence with max 1-year punishment barred if charge sheet not filed within 1 year from offence date.
Absence of direct allegation or evidence implicating the accused and lack of proper investigation justify quashing criminal proceedings.
Charge sheet quashed as barred by one-year limitation under S.468(2)(b) CrPC.
Final report filing beyond statutory limitation bars cognizance and quashing of proceedings is warranted.
A criminal prosecution for the disfigurement of public places requires the occurrence to take place within a defined 'local area' under the Act and must present evidence of the board's disfiguring na....
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