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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Thiruloga Sundar @ Thiruma Chezhiyan @ Thirulokachandrabose – Appellant
Versus
State of Tamilnadu – Respondent
| Table of Content |
|---|
| 1. fir details and facts of unauthorized flex board. (Para 1 , 2 , 3) |
| 2. petitioner's lack of intent and apology affidavit. (Para 4 , 5) |
| 3. quashing fir for absence of mens rea. (Para 6) |
ORDER
The present petition has been filed by the first accused in crime No.1128 of 2021, on the file of the first respondent police seeking to quash the FIR, wherein the petitioner is alleged to have committed offences under Section 4A(1b) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.
2. A perusal of the FIR reveals that the petitioner is said to have put up a flex board to welcome the leader of a political party, who is also a member of Parliament. Despite several warnings, he has not removed the flex board.
Hence, the present F.I.R.
3. In the meantime, a charge sheet has been laid in S.T.C.No.40 of 2024, before the learned Judicial Magistrate, Nilakottai, for the alleged above said offences.
4. It is a settled position of law that filing of a charge sheet would not be a legal impediment for considering quashing of the FIR, if legal grounds are made out.
5. According to the learned Counsel appearing for the petitioner, he had only put up a flex board to welcome the
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