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2024 Supreme(Online)(MAD) 7842

HIGH COURT OF MADRAS
N. ANAND VENKATESH, J
SANTHOSH – Appellant
Versus
STATE REPRESENTED BY – Respondent


O R D E R

This petition has been filed challenging the FIR registered in Cr.No.188 of 2021 pending investigation on the file of the 1st respondent.

2.The case of the prosecution is that during the elections, based on the surprise check made by the 2nd respondent, on 30.03.2021 at about 11 a.m, it was found that the vehicle that was driven by the petitioner was covered with a flex board containing the name of the party and also its symbol along with the photo of the contestant in the election. Based on the complaint given by the 2nd respondent, an FIR came to be registered in Cr.No.188 of 2021 for offence under Section 4AA(i) (b) r/w 4AA (4) and 5 of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 .

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the 1st respondent.

4. It is not necessary for this Court to go into the allegations made in the FIR. The offences under Sections 4AA(i) (b) r/w 4AA (4) and 5 of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, is punishable with a maximum imprisonment of one year. The learned Additional Public Prosecutor submitted that a final report is yet to be filed in

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