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Madras High CourtCRL OP(MD)/4376/2026allowed

Sethu Muthu @ Praveen v. State Of Tamilnadu Rep By Inspector Of Police, Thangchimadam

2026-02-26Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and CRL MP(MD)No.4675 of 2026 1.Sethu Muthu @ Praveen 2.Muniyaraj @ Muniswaran (Munis) ... Petitioners / Accused 1 & 2 Vs The State represented by The Inspector of Police, Thangachimadam Police Station, Ramanathapuram.

(Crime No.29 of 2021) ... Respondent / Complainant PRAYER :- To call for the records pertaining to the case registered in impugned in Crime No. 29 of 2021 on the file of Thangachimadam Police Station, Ramanathapuram and Quash the same as illegal in respect of the petitioners concerned.

For Petitioners : Mr.K.Muniyaselvam For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl Side) 1/5

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the case registered in impugned in Crime No. 29 of 2021 on the file of Thangachimadam Police Station, Ramanathapuram and Quash the same as illegal in respect of the petitioners concerned.

2. Learned counsel for the petitioners submitted to the petitioners herein are the accused Nos.1 and 2 in Crime No.29 of 2021. The case of the prosecution is that both the petitioners have violated the Election Code of Conduct by pasting wall posters and fixing flex boards on 03.03.2021. It was identified by the Village Administrative Officer of Tangachi Madam who was a de facto complainant, during inspection. For having violated the Election Code and for installing flex boards at Thangachimadam bus stand, the above said crime came to be registered for the offences under Sections 4A(1a) and 4B of the Open Places Prevention of Disfigurement) Act 1959. For the aforesaid offences, the prescribed punishment is one year or with fine which may extend to ? 5000 or with both. However, even after the lapse of more than one year 2/5

from the date of registration of FIR 03.03.2021, the final report has not been filed and hence this Criminal Original Petition came to be filed.

3. The learned Government Advocate(Crl.side) categorically contended that the plain reading of the first information report itself would make it clear that specific overt act are made out as against the petitioners. He further submitted that after investigation was completed, charge sheet was made ready on 03.03.2021 and not so far filed before the concerned Court.

4. Heard either sides and carefully perused the materials available on record.

5. It is needless to state that for the offence under sections 4A(1a) and 4B of the Open Places Prevention of Disfigurement) Act 1959, the prescribed punishment is for one year or fine of Rs.5000/- or both. But more than 4 years have lapsed from 03.03.2021. On that ground, the FIR in Crime No. 29 of 2021, on the file of Thangachimadam Police Station, Ramanathapuram, is quashed as against the petitioners. 3/5

6. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 26.02.2026 NCC : Yes/No Index : Yes / No pnn To 1.The Inspector of Police, Thangachimadam Police Station, Ramanathapuram.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

L. VICTORIA GOWRI,J pnn

ORDER

IN CRL OP(MD) No.4376 of 2026 Date : 26/02/2026 5/5