Crl.O.P(MD)No.22825 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P(MD)No.22825 of 2025 and Crl.M.P(MD)No.19762 of 2025 S.Sureshkumar ... Petitioner/Accused No.2 Vs. 1.The State of Tamil Nadu, Rep.by Sub-Inspector of Police, Theppakulam Police Station, Madurai City. (Crime No.799/2017) ... Respondent/Complainant 2.K.Velladurai ... Respondent /Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the Impugned First Information Report in Crime No.799 of 2017 dated 26.07.2017 on the file of the respondent registered under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1956 and quash the same as illegal as far as petitioner is concerned. For Petitioner : Mr.T.Thirumurugan 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.22825 of 2025 For R1 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) ORDER Seeking to quash F.I.R in Crime No.799 of 2017 dated 26.07.2017 on the file of the respondent police registered under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1956, this criminal original petition is filed. 2. The case of the prosecution is that on 26.07.2017 at about 1.45 p.m., the 2nd respondent, namely, Velladurai working as a Special Special Sub Inspector, while on patrol duty, allegedly found petitioner and another affixing poster on the side walls of PTR bridge, Theppakulam, Madurai city. Deprecating the unhealthy practice of disfigurement of public and private properties with the phrases against one particular political party with an intention to create communal hatred, on his complaint, F.I.R is Crime No.799 of 2017 came to be registered. Despite the passage of the limitation period, the final report is not yet filed and on that ground, the learned counsel for the petitioner sought for quashment of the First Information Report. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.22825 of 2025 3. The learned Government Advocate(Crl.Side) on instructions submitted that the petitioner had caused disturbance to the public property and hence, it is not necessary to interfere with the pending F.I.R. In this case, investigation is in progress. 4. Heard the learned counsels on either side and carefully perused the materials available on record. 5. It is needless to state that Section 468(2) of Cr.P.C prescribes limitation for the purpose of filing final report after completion of the investigation. However, in the instant case, charge sheet has not been filed for the past more than 8 years. The punishment for the offence under Section 4(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1956 is upto 3 months imprisonment or with fine upto Rs.200/- or with both. In view of the same, there is a bar for further investigation under Section 468 of Cr.P.C. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.22825 of 2025 6. In view of the above, F.I.R in Crime No.799 of 2017 on the file of the 1st respondent police is quashed and accordingly, this Criminal Original Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. 12.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Sub-Inspector of Police, Theppakulam Police Station, Madurai City. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.22825 of 2025 L.VICTORIA GOWRI, J. gbg Crl.O.P(MD)No.22825 of 2025 12.12.2025 5/5 https://www.mhc.tn.gov.in/judis