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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Baskaran – Appellant
Versus
State of Tamilnadu, Rep by. the Inspector of Police, Chatrakudi Police Station, Ramanathapuram – Respondent
ORDER :
L. VICTORIA GOWRI, J.
Preface:
The present Criminal Original Petition is one such proceeding wherein the petitioners, arrayed as A-2 to A-5 in S.T.C.No.963 of 2022 on the file of the learned Judicial Magistrate, Paramakudi, seek quashment of the final report laid for the alleged offence under Section 4-B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.
2. The controversy, though presented as one concerning erection of a name board in Government poramboke land, essentially raises a narrower but decisive legal issue, namely, whether the prosecution materials, even if accepted in their entirety, attract the statutory ingredients of the offence alleged against the petitioners.
Case of the Prosecution:
3. The prosecution case, in brief, is that the second respondent, Chellammal, who was functioning as the Block Development Officer of Bogalur Union Panchayat, had received a communication from the President of Muthuvayal Village Panchayat. In the said communication, it was alleged that one K.R.Velu had erected a name board in Government poramboke land comprised in Survey No.287/1A, 1B, 2 situated at Muthuvayal Village. According to the prosecution, the said board w
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....
Criminal proceedings initiated under the Tamil Nadu Open Places (Prevention of Disfigurement) Act and the Indian Penal Code may be quashed when the essential ingredients of the alleged offences are a....
The respondent must have authority to file complaints and valid evidence must support any prosecution under the Tamil Nadu Open Places Act.
Absence of criminal intent justifies quashing FIR for unauthorized flex board despite charge sheet.
Charge sheet quashed as barred by one-year limitation under S.468(2)(b) CrPC.
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