Nagore Meeran v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4907 of 2021 and Crl.MP No.3142 of 2021 Nagore Meeran .. Petitioner Vs.

State rep. by its The Sub-Inspector of Police, Mettupalayam Police Station, Coimbatore.

Crime No.56 of 2020.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in Cr.No.56 of 2020 on the file of the respondent herein and quash the same as illegal and without jurisdiction. For Petitioner : Mr.I.Abdul Basith For Respondent : Mr.C.Raghavan Government Advocate

ORDER

On consent given by either side, this Criminal Original

petition is taken up for final disposal.

2.

The case of the prosecution is that a wall poster was pasted near the Mettupalayam Bus Stand containing the name of the petitioner and indicating him as the President of particular party. It is alleged that this was done without any prior permission. An FIR came to be registered for an offence under Section 4A(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of respondents.

4.

The main ground that has been raised in the present petition is that the investigation has not been completed and the same is barred under Section 468 of Cr.PC. The offence under section 4A(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, is punishable for a maximum period of

three months and the final report should have been filed within a year, failing which, the concerned court cannot take cognizance in view of the bar under Section 468(2) (b) of Cr.PC. 5.

Taking into consideration the facts and circumstances of the case and also of the fact that the cognizance is barred by limitation and the offence involved is not a very serious one, no useful purpose will be served in keeping the FIR pending. Hence, this Court is inclined to quash the FIR in Crime No.56 of 2020 and accordingly, the same is quashed. Consequently, the connected msicellaneous petition is closed.

12.03.2021 Index : Yes/No Internet : Yes/No rka

N. ANAND VENKATESH, J.

rka To 1.State rep. by its The Sub-Inspector of Police, Mettupalayam Police Station, Coimbatore.

Crime No.56 of 2020.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P No.4907 of 2021 12.03.2021