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2022 Supreme(Online)(MAD) 38316

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
SIYABUDHEEN – Appellant
Versus
THE STATE REP BY ITS – Respondent


ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.703 of 2021 on the file of the learned Judicial Magistrate, Gudalur, Nilgiris District having been taken cognizance for the offences under Sections 4A(1a) and 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

2. The case of the prosecution is that on 05.12.2020 at about

06.00 p.m, when the respondent Police were on patrol duty near Sembala Patti Shop, the petitioner tied and hanged an advertisement board in the iron pipe for declaring protest with the content "On December 6th SDPI party nilgiris district conducting a huge demonstration near old bus stand at evening 4.30 p.m". Hence, the respondent registered an FIR in Crime No.1122 of 2020 for the offences under Sections 4A(1a) and 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. After completion of investigation the respondent filed a final report and the same has been taken cognizance by the Trial Court.

3. Heard both sides.

4. A perusal of records revealed that the respondent is not a competent person to lodge a complaint under Sections 4A(1a) and 4B of the Tamil Nadu Open Places (Prevention of Di

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