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2026 Supreme(Online)(Mad) 44126
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Vijayakumar, J
P. Manimaran – Appellant
Versus
State of Tamil Nadu – Respondent
Criminal Original Petition; S.T.C.No.427 of 2025|Crl.M.P(MD) Nos.9251 and 9253 of 2026
For the Appellants/Petitioners: T. Thirumurugan
For the Respondents: A. Albert James
Criminal proceedings initiated under the Tamil Nadu Open Places (Prevention of Disfigurement) Act and the Indian Penal Code may be quashed when the essential ingredients of the alleged offences are absent from the charge sheet, rendering the prosecution an abuse of the process of law.
Headnote:The proceedings concern an application to quash a charge sheet initiated under Section 4 of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, and Sections 147 and 291 of the Indian Penal Code. The facts involved the installation of a flex board featuring quotes by a poet during a temple festival without prior administrative permission. The court examined whether the alleged conduct warranted criminal prosecution under the cited provisions. The core issue is whether the installation of a informational flex board constitutes a criminal offence under the stated Act and the IPC sections regarding rioting or public nuisance. The court determined that the ingredients of the alleged offences were absent from the charge sheet and that the continuation of criminal proceedings constitutes an abuse of the process of law. The court ordered that the charge sheet in the relevant criminal case be quashed, thereby allowing the criminal original petition.
| Table of Content |
|---|
| 1. overview of the petition for quashing a charge sheet regarding flex board placement. (Para 1 , 2) |
| 2. examination of whether the ingredients of the charged offences are present in the complaint. (Para 3 , 4 , 5) |
| 3. quashing of criminal proceedings deemed an abuse of legal process. (Para 6) |
ORDER
The present Criminal Original Petition has been filed by the accused persons in S.T.C.No.427 of 2025, on the file of the learned Judicial Magistrate, Ambasamudram, seeking to quash the charge sheet, wherein the petitioners are charged for the offences under Section 4 of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 and Sections 147 and 291 of IPC.
2. A perusal of the charge sheet reveals that the petitioners said to have put up flex board in connection with the temple festival incorporating the words of great poet Bharathiyar. The charge sheet has been laid on the ground that the flex board has been put up without obtaining prior permission from the authorities.
3. According to the learned counsel appearing for the petitioners, the flex board has been put up with remarks touching upon the temple festival and Sections 147 and 291 of IPC did not attract at all.
4. Heard the learned counsel appearing for the petitioners and perused the materials available on record.
5. As it could be seen from the charge sheet, for a temple festival at about 09.10.p.m on 10.06.2024, the flex board has been put up incorporating the words of great poet Bharathiyar and in such circumstances, Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, does not attracted. It is not known why Sections 147 and 291 of IPC have been invoked by the police officials, the ingredients for the above said Sections are not found in the charge sheet.
6. In view of the above said facts, continuation of criminal proceedings would only be an abuse of process of alw. In such circumstances, chage sheet in S.T.C.No.427 of 2025 on the file of the learned Judicial Magistrate, Ambasamudram, is hereby quashed.
7. Accordingly, this Criminal Original Petition is allowed.
Consequently, connected Miscellaneous Petitions are closed.
