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2024 Supreme(Online)(MAD) 12636

HIGH COURT OF MADRAS
T.V.THAMILSELVI, J
G.R.APPARAJ – Appellant
Versus
THE STATE REP BY ITS – Respondent


ORDER

This petition has been filed to quash the proceedings in C.C.No.9146 of 2017 on the file of the XIV Metropolitan Magistrate Court, Egmore, in which cognizance was taken for the offences under Section 3 of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

2. The case of the prosecution is that on 30.04.2017 at about 11.00 a.m., when the 2nd respondent who is the Sub-Inspector of Police and other police officials were on patrol duty, they found flex which was installed without any permission nearby Fish Market junction of Arunachalam Nayakkan Road. The averments mentioned in the said flex condemned the action of J.M.Aaroon Ex.MP and to support the Fish market vendors of Chindatripet fish market association. Thereby the petitioners disfigured the open public places.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were no way connected with the alleged offence made by the prosecution. He further submitted that the explanation of 'Objectionable advertisement' defined under Section 2(b) of Tamil Nadu

2\4 Open Places (Prevention of Disfigurement) Act, 1959 is clearly narrated the circumstances on which penal provisi

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