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Madras High CourtCRL OP(MD)/5793/2026allowed

M.Ragavendhiran @ Ragavendhran v. State Of Tamilnadu Rep By Inspector Of Police, Paramakudi Town

2026-03-24Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.5793 of 2026 and Crl.M.P(MD)No.6247 of 2026 M.Ragavendhiran @ Ragavendhran

...Petitioner/Accused No.2

Vs

1. State of Tamilnadu, Rep by the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.341 of 2021) ...1st Respondent/Complainant

2. A.K.Ganesan, Village Administrative Officer, Kattuparamakudi Group, Paramakudi, Ramanathapuram District.

...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023, to call for the records impugned FIR in Crime No.341 of 2021 on the file of the Respondent police and quash the same as against the petitioners concern. For Petitioner : M/s.V.M.Jegadeesha Pandian For Respondents : Mr.B.Thanga Aravindh Government Advocate(crl.side) for R1 1/4

ORDER

The present petition has been filed by the second accused in crime No. 341 of 2021, on the file of the first respondent police seeking to quash the F.I.R. wherein the petitioner is alleged to have committed an offence under Section 4-A(1a) of the Tamil Nadu Open Places (Prevention of Disfigurement Act), 1959.

2. A perusal of the allegations in the F.I.R. reveal that the petitioner is said to have involved in pasting of a wall poster on 06.07.2021.

3. As per Section 4B of the above said Act, the punishment can extend only upto a period of one year.

4. The learned Counsel appearing for the petitioner had relied upon Section 468(2)(b) of Cr.P.C. and contented that so far charge sheet has not been laid and therefore, it is barred by imitation.

5. The learned Government Advocate(crl.side) appearing for the first respondent submitted that the investigation has been completed and charge sheet was laid on 23.03.2026.

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6. Considering the fact that offence Section 4A(1a) of the Act attracts of maximum punishment of one year under Section 4B of the above said Act, Section 468(2)(b) of Cr.P.C. is squarely attracted and the charge sheet having not been filed within a period of one year from the date of occurence from 06.07.2021, is clearly barred by limitation.

7. In view of the above said facts, no useful purpose would be served in permitting the respondent police officials to continue with investigation or filing of the charge sheet.

8. In view of the above said facts, F.I.R. in crime No.341 of 2021, on the file of the first respondent police is hereby quashed as against the petitioner. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is also closed. 24.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To

1. The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

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