ORDER

This petition has been filed to quash the proceedings in Crime No.396 of 2018 dated 27.09.2018 on the file of the respondent No.1 for offence under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

2.The case of the prosecution is that on 27.09.2018, the defacto complainant, who is a Village Administrative Officer lodged a complaint before the first respondent police that the petitioner and the Accused No.1 had conducted Kabadi tournament in their jurisdiction and they praised the DMK parties and affixed a flex by their party oriented without seeking permission in violation of the procedure and thereby, on the complaint given by the defacto complainant, the First Information Report has been registered for the offence under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

3.The learned counsel appearing for the petitioner would submit that as per Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, the accused shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to Two Hundred Rupees, or with both and that despite t