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2026 Supreme(Online)(Mad) 31398
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
M.Ragavendhiran @ Ragavendhran – Appellant
Versus
State of Tamilnadu – Respondent
Crl.OP.(MD)No.5793 of 2026 | Crl.M.P(MD)No.6247 of 2026
For the Appellants/Petitioners: M/s.V.M.Jegadeesha Pandian
For the Respondents:Mr.B.Thanga Aravindh Government Advocate(crl.side) for R1
Prosecution under offence with max 1-year punishment barred if charge sheet not filed within 1 year from offence date.
Headnote:First Paragraph: The petition challenges FIR under Section 4-A(1a) of the Tamil Nadu Open Places (Prevention of Disfigurement Act), 1959, for pasting a wall poster on 06.07.2021. Section 4B prescribes maximum punishment of one year. Court finds charge sheet filed beyond one year from offence date, attracting Section 468(2)(b) Cr.P.C. bar on prosecution. Second Paragraph: Key issue is whether prosecution is time-barred under limitation provisions. Ratio: Offence punishable up to one year triggers Cr.P.C. Section 468(2)(b); charge sheet not filed within one year from occurrence renders proceedings invalid (paras 3,4,6). Last Paragraph: FIR quashed as against petitioner; petition allowed.
| Table of Content |
|---|
| 1. petition to quash fir for poster pasting offence. (Para 1 , 2) |
| 2. offence limited to one-year punishment; limitation argued. (Para 3 , 4) |
| 3. charge sheet delayed beyond limitation period. (Para 5 , 6) |
| 4. fir quashed; petition allowed. (Para 7 , 8) |
ORDER
The present petition has been filed by the second accused in crime No.
341 of 2021, on the file of the first respondent police seeking to quash the F.I.R. wherein the petitioner is alleged to have committed an offence under Section 4-A(1a) of the Tamil Nadu Open Places (Prevention of Disfigurement Act), 1959.
2. A perusal of the allegations in the F.I.R. reveal that the petitioner is said to have involved in pasting of a wall poster on 06.07.2021.
3. As per Section 4B of the above said Act, the punishment can extend only upto a period of one year.
4. The learned Counsel appearing for the petitioner had relied upon Section 468(2)(b) of Cr.P.C. and contented that so far charge sheet has not been laid and therefore, it is barred by imitation.
5. The learned Government Advocate(crl.side) appearing for the first respondent submitted that the investigation has been completed and charge sheet was laid on 23.03.2026.
6. Considering the fact that offence Section 4A(1a) of the Act attracts of maximum punishment of one year under Section 4B of the above said Act, Section 468(2)(b) of Cr.P.C. is squarely attracted and the charge sheet having not been filed within a period of one year from the date of occurence from
06.07.2021, is clearly barred by limitation.
7. In view of the above said facts, no useful purpose would be served in permitting the respondent police officials to continue with investigation or filing of the charge sheet.
8. In view of the above said facts, F.I.R. in crime No.341 of 2021, on the file of the first respondent police is hereby quashed as against the petitioner. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is also closed.
