Crl.OP.No.21874 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.21874 of 2023 and Crl.MP.Nos.15139 and 15140 of 2023 Ramesh@ Senthil Gounder ... Petitioner Vs. The State Rep by The Inspector of Police, Orleanpet Station, Puducherry. ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in pursuant to the STC.No.2729 of 2022 on the file of learned Magistrate-II, Puducherry and quash the entire proceedings against the petitioner herein in STC.No.2729 of 2022. For Petitioners : Mr.R.Thamarai Selvan For Respondent : Mr.M.V.Ramachandra Moorthy Public Prosecutor (Puducherry) 1/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.21874 of 2023 O R D E R This petition has been filed to quash the proceedings in STC.No.2729 of 2022 on the file of learned Magistrate-II, Puducherry. 2. The case of the prosecution is that prior to 28.09.2020 at 10.30 hours at the junction of Lenin Street and Kamaraj Salai, Saram Market, Puducherry, the accused person Ramesh @ Senthil @ Senthil Gounder had pasted his birthday wall posters on the Municipality Market building which is open to public view without getting any permission from the competent authority and thereby defaced the public view. Hence, the defacto complainant lodged a complaint against the petitioner. 3. On receipt of the said complaint, the respondent has registered an FIR as against the petitioner in Cr.No.190 of 2020 for the offence under Section 7 of Pondicherry Open Place Prevention of Disfigurement Act, 2000, punishable for a term which may extend to six months or fine. 2/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.21874 of 2023 4. After completion of investigation, the respondent filed a final report before the learned Judicial Magistrate-II, Puducherry and the same has been taken cognizance by the trial court in STC.No.2729 of 2022. 5. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that on account of the petitioner's birthday celebration, some one has stuck the birthday notice without the petitioner's knowledge by an unknown person. 6. The learned Public Prosecutor (Puducherry) appearing for the respondent police reiterated the prosecution case and vehemently opposed to quash the petition. 7. Heard both sides and perused the materials available on record. 3/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.21874 of 2023 8. A perusal of records reveals that prior to 28.09.2020 at 10.30 hours at the junction of Lenin Street and Kamaraj Salai, Saram Market, Puducherry, the accused person Ramesh @ Senthil @ Senthil Gounder had pasted his birthday wall posters on the Municipality Market building which is open to public view without getting any permission from the competent authority and thereby defaced the public view. The above said facts do not reveal any ingredients to attract the provisions under Section 7 of Pondicherry Open Place Prevention of Disfigurement Act, 2000. 9. In view of the above, this Court is inclined to quash the proceedings in STC.No.2729 of 2022 on the file of the learned Judicial Magistrate-II, Puducherry and the Criminal Original Petition stands allowed. Consequently, connected Miscellaneous Petitions are also closed. 08.04.2025 Vv 4/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.21874 of 2023 To 1. The Judicial Magistrate-II, Puducherry 2. The Inspector of Police, Orleanpet Station, Puducherry. 3. The Public Prosecutor, Madras High Court, Chennai. 5/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.21874 of 2023 G.K.ILANTHIRAIYAN, J. Vv Crl.O.P.No.21874 of 2023 08.04.2025 6/6 https://www.mhc.tn.gov.in/judis