ORDER

The petitioner, who is facing prosecution in S.T.C.No.3712 of

2023 for an offence under Section 4A(1a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 [hereinafter referred to as "the Act"], has filed the present quash application.

2. The case against the petitioner is that, on 28.09.2020, the respondent Police found a large wall painting in the public toilet at Karur Bus Stand, measuring 3 feet by 2 feet. The painting contained slogans, praising Bhagat Singh's birthday a revolutionary day, and it included objections, concerning issues such as unemployment, farmers law, and other current issues. The painting was by the Revolutionary Student Youth Front [RSYF], and the petitioner was found to be the person responsible for the painting, leading to the registration of a case.

3. The learned counsel for the petitioner argues that the respondent Police acted based on mere presumption and assumption. There is no material evidence linking the petitioner to the wall painting. The de-facto complainant, a Sub-Inspector of Police, and six witnesses cited in the case. Witnesses L.W.1, L.W.2, and L.W.3 state that they saw the poster, which bore the name of the Revolutio