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2026 Supreme(Online)(Mad) 47238
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Antony Michel – Appellant
Versus
State of Tamil Nadu – Respondent
Crl.MP(MD).Nos.9444 and 9446 of 2026 | S.T.C.No.1651 of 2025 | Crime No.227 of 2024
For the Appellants/Petitioners: Ananth
For the Respondents: P.Samuel Gunasingh
Mere possession of election pamphlets lacking printer details by a candidate in a private vehicle does not attract criminal liability under the Tamil Nadu Open Places (Prevention of Disfigurement) Act or the Representation of the People Act.
Headnote:The proceedings concern an application to quash a charge sheet filed under Section 4AA(1) and 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 and Section 127A(1) of the Representation of the People Act, 1951. The accused, an independent candidate, was found in possession of election pamphlets lacking the mandatory printer's details. The court noted that carrying personal election material in a private vehicle does not constitute an offence under the Prevention of Disfigurement Act nor does the absence of printer details in these circumstances automatically trigger a violation of the Representation of the People Act. The primary issue before the court was whether the possession of election-related documents by a candidate in a private vehicle constitutes a criminal offence. The court reasoned that existing statutes do not criminalize the mere carriage of election literature in a private vehicle, and that the absence of the name or phone number of the press on such pamphlets, under these specific circumstances, does not meet the threshold of the relevant statutory provisions. The court allowed the application and directed that the criminal proceedings and the impugned charge sheet be quashed.
| Table of Content |
|---|
| 1. summary of charges and facts relating to possession of election pamphlets. (Para 1 , 2) |
| 2. absence of criminal intent for possession of election materials. (Para 3 , 4 , 5) |
| 3. order quashing the charge sheet due to process abuse. (Para 6) |
ORDER
The present petition has been filed by the accused person in S.C.No.
1651 of 2025 on the file of the Judicial Magistrate Court No.1, Padmanabhapuram seeking to quash the charge sheet wherein he charged with the offence under Section 4AA(1) and 4B of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 read with Section 127 A(1) of Representation of people Act, 1951.
2.It could be seen from the charge sheet that the petitioner contested as an independent candidate from Padmanabhapuram constituency for the parliamentary election in the year 2024. When his car was searched, they found his photographs and some pamphlets with election symbol. According to the charge sheet, the pamphlets did not contain Election Commission permission or name or the phone number of the press.
3.According to the learned counsel appearing for the petitioner, as an independent candidate, there is nothing wrong in having his photographs or pamphlets meant for electioneering.
4.Heard the learned counsel appearing for the petitioner and perused the material records.
5.The charge sheet reveals that the petitioner is an independent candidate to contest in the parliamentary election of the year 2024. He was carrying his photographs and some election pamphlets in his car. In such circumstances, the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 would not get attracted especially when the pamphlets and photographs are found in the car of the petitioner. Merely because name or phone number of the person not being printed, the provisions of Representation of the People Act, 1951 would not get attracted.
6.In view of the above said facts, continuation of the criminal proceedings only be an abuse of process of law. Therefore, the charge sheet in S.T.C.No.1651 of 2925 on the file of the Judicial Magistrate No.I, Padmanabhapuram stands quashed and this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.
