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2026 Supreme(Online)(Mad) 38669
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
P.C.Rajan – Appellant
Versus
State of Tamil Nadu – Respondent
CRL.O.P(MD)No.7390 of 2026|CRL.M.P(MD)Nos.7943 and 7945 of 2026|S.T.C.No.25 of 2026
For Petitioner: Mr.A.Mohamed Haneef
For Respondent: Mr.R.Meenakshi Sundaram Addl.Public Prosecutor
Charge sheet quashed as barred by one-year limitation under S.468(2)(b) CrPC.
Headnote:The petition challenges a charge sheet under Section 4A(1)(a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, where punishment under Section 4-B is limited to one year imprisonment or fine up to Rs.5,000 or both. The incident occurred on 13.07.2018, FIR on 14.07.2018, but charge sheet filed on 07.01.2026, exceeding the limitation period under Section 468(2)(b) CrPC. The court finds the prosecution barred by limitation. The key issue is whether cognizance can be taken beyond the one-year limitation for the offence. The court holds that filing the charge sheet after the limitation period attracts Section 468(2)(b) CrPC, rendering the proceedings invalid. The charge sheet in S.T.C.No.25 of 2026 stands quashed as against the petitioners.
| Table of Content |
|---|
| 1. petition to quash charge sheet for disfigurement offence. (Para 1 , 2) |
| 2. court reviews materials and arguments. (Para 3) |
| 3. charge sheet barred by limitation period. (Para 4) |
| 4. charge sheet quashed against petitioners. (Para 5) |
O R D E R
The present petition has been filed by the accused person in S.T.C.No.25 of 2026, on the file of the learned Judicial Magistrate, Nanguneri seeking to quash the charge-sheet, wherein, the Petitioner has been charged for the offence under Section 4A(1)(a) of the Tamil Nadu Open Places(Prevention of Disfigurement)Act, 1959.
2.According to the learned counsel for the Petitioner, as per Section 4-B of the above said Act, punishment can be imposed upto the an extent of one year or with fine which may extend to Rs.5,000/- or both. The learned counsel for the Petitioner further submitted that the date of alleged incident was on 13.7.2018, FIR was registered on 14.07.2018 and the present charge-sheet was laid in the year 2026. According to him, in view of Section 468(2) (b) of Criminal Procedure Code, the Court cannot take cognizance beyond the period of limitation.
3.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
4.As could be seen that the FIR is dated 14.7.2018, the charge sheet has been laid on 07.01.2026 beyond the period of one year which has clearly attracts Section 468(2)(b) of Code of Criminal Procedure. In view of the above said facts, the offence under Section 4A(1)(a) of the Tamil Nadu Open Places(Prevention of Disfigurement)Act, 1959 is liable to be quashed on the ground that it is barred by limiation as pointed out in the preceeding paragraph.
5.In view of the above said facs, the charge sheet in S.T.C.No.25 of 2026, on the file of the learned Judicial Magistrate, Nanguneri stands quashed as against the Petititoners alone and the Criminal Original Petition stands allowed. Consequently, connected Miscellaneous Petitions are closed.
16.04.2026 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To
1.The Judicial Magistrate, Nanguneri.
