An FIR is liable to be quashed if the final report is not filed within the prescribed period of limitation under Section 468(2)(b) of Cr.P.C., provided the applicable special Act does not specifically bar such limitation.

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the First Information Report in Crime No.717 of 2018, dated 03.08.2018, on the file of the first respondent for the offences under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 and quash the same as illegal.

ORDER

1. The Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.717 of 2018, dated 03.08.2018, on the file of the first respondent for the offences under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The case of the prosecution is that on 03.08.2018, the de facto complainant, who is a Special Sub-Inspector of Police, lodged a complaint before the respondent police stating that the petitioner installed a flex banner measuring 15 x 10 feet for a family function near Chamber of Commerce, within their jurisdiction without obtaining permission which was in violation of law. Based on the complaint, a case in Crime No.717 of 2018 was registered for the offences under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

4. The learned counsel for the petitioner would submit that the case has been registered for the offences under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, which imposes a punishment which may extend to three months or with fine which may extend to Rs.200/-. When that being so, the final report as per Section 468(2)(b) of Cr.P.C., ought to have been filed within the period of limitation i.e., one year from the date of occurrence and there is bar for taking cognizance beyond the period of limitation. In this case, the offence is stated to have been committed on 03.08.2018 and till date the final report has not been filed, thereby, he would pray to quash the First Information Report.

5. On an earlier hearing, it was represented by the learned Additional Public Prosecutor that the investigation has been completed and final report was filed before the concerned Court within the period of limitation.

6. The learned counsel for the petitioner produced the copy of application which was returned by the concerned Magistrate stating that the First Information Report had not been received by the concerned Court and thereby, this Court had called for report from the concerned Magistrate, whether the final report in Crime No.717 of 2018 registered by the respondent police has been filed before the concerned Court. A report has been received from the concerned Magistrate in D.No.196 of 2020, dated 20.02.2020, wherein, it had been stated that the First Information Report in Crime No.717 of 2018, on the file of the Theppakulam Police Station (L&O) is not yet received by the Court and that there is no final report in respect of Crime No.717 of 2018 in the concerned Court on 03.08.2018 and subsequent dates. The report is form part of the record.

7. I have perused the records.

8. Section 4(1) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 reads as follows:-

“4(1) Penalty for unauthorized disfigurement by advertisement:-

[Subject to the provisions of Section 4-A, whoever affixes to] or inscribes or exhibits on, any place open to public view any advertisement without the written consent of the owner or occupier or person in management