BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).Nos.21608 of 2025 and Crl.M.P.(MD).Nos.18612 and 18613 of 2025 Balapriya @ Shanmugapriya ... Petitioners / Accused No.3 Vs.

1. The State of Tamilnadu, Rep by The Inspector of Police, Valliyoor Police Station, Tirunelveli District. ... 1^st Respondent /Complainant

2. Muthu Murugan ... 2^nd Respondent /

Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned Charge Sheet in S.T.C.No.1286 of 2025 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District and quash the same in so far as the petitioner is concerned. For Petitioner : Mr.K.Rajeshwaran For R-1 : Mr.Thanga Aravindh.B, Government Advocate (Crl. Side)

ORDER

Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records relating to S.T.C.No.1286 of 2025 pending on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District, arising out of Crime No.183 of 2022, and to quash the same.

Preface:

2. This Criminal Original Petition is filed invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of the criminal proceedings initiated against the petitioner for the alleged offence under Section 4-A(1)(a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 as amended by Act 55 of 1992.

3. The petitioner has been arrayed as the 3^rd accused in S.T.C.No.1286 of 2025, which has arisen from Crime No.183 of 2022 registered by the first respondent police. The challenge is essentially on the ground that the charge sheet does not disclose any specific role, overt act, or legally sustainable material against the petitioner so as to justify continuation of criminal prosecution.

Case of the prosecution:

4. The case of the prosecution, as reflected from the First Information Report and the final report, is that based on a complaint lodged by the second respondent on 26.07.2022, the first respondent police registered a case alleging that on 24.07.2022, certain persons had assembled at various public places within Valliyoor town, namely, (i) RTO Office Junction, Valliyoor–Rajapudur Road; (ii) Near Concordia School; and (iii) Near Kottaiyadi Bus Stand on Valliyoor– Radhapuram Road, and had allegedly installed flag posts without obtaining prior permission or approval from the competent authority. It is the allegation of the prosecution that such act amounted to unauthorised affixing and exhibition of materials in places open to public view, thereby attracting the offence under Section 4-A(1)(a) of the TNOPD Act.

5. After investigation, the first respondent police filed a final report, which was taken cognizance by the learned Judicial Magistrate, Valliyoor, and numbered as S.T.C.No.1286 of 2025, wherein the petitioner has been arrayed as one of the accused.

Case of the petitioner:

6. The petitioner would submit that she has absolutely no connection whatsoever with the alleged occurrence and that she has been mechanically implicated without any legally acceptable material. It is contended that the charge sheet does not attribute any specific overt act to the petitioner, nor does it disclose as to how and in what manner the petitioner was involved in the alleged installation of flag posts.

7. The petitioner would further submit that except the bald and vague allegation of the de facto complainant, there is no independent material, documentary or otherwise, to substantiate the prosecution case insofar as the petitioner is concerned. It is also pointed out that even the statements of the prosecution witnesses do not implicate the petitioner with any specific role, and none of the witnesses have spoken about the petitioner having personally affixed, installed, or authorised the installation of a