CRL OP No. 16979 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 16979 of 2026 and Crl.MP.No.11255 of 2026 S.Charles @ S.K.Charles S/o Susai, No.546,5th Street, C Kalayanapuram, Vysarpadi, Chennai. ..Petitioner(s) Vs The State Rep By, The Inspector of Police P6, Kodungaiyur Police Station, Chennai. Crime No.489 of 2025 ..Respondent(s) Prayer: This Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records relating to the FIR in Crime No.489 of 2025 on the file of the Inspector of Police, P6, Kodungaiyur Police Station, Chennai and quash the same. For Petitioner(s): Mr.E.Balamurugan For Respondent(s): Mr.R.Rajasekaran Government Advocate (Criminal Side) ORDER This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.489 of 2025 on the file of the Inspector of Police, P6, Kodungaiyur Police Station, Chennai, registered for the alleged offence under Section 4 of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. https://www.mhc.tn.gov.in/judis CRL OP No. 16979 of 2026 __________ Page2 of 4 2. A perusing of the FIR reveals that certain persons belonging to a particular political party were allegedly preparing a digital banner intended to be erected in a public place. The banner is stated to have contained allegations that, due to the actions of certain persons, several people had died in Karur. 3. Considering the nature of the allegations, it is evident that the banner had not, in fact, been erected in any public place. The preparation of the banner, by itself, does not attract the ingredients of the offence under Section 4 of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. Moreover, the contents of the proposed banner constitute an expression of opinion falling within the ambit of the right of freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. Therefore, this Court is of the view that the allegations contained in the FIR do not disclose the commission of any offence under Section 4 of the said Act. 4. In view of the above, this Criminal Original Petition No.16976 of 2026 is allowed and the FIR in Crime No.489 of 2025 on the file of the Inspector of Police, P6, Kodungaiyur Police Station, Chennai, is hereby quashed. Consequently, the connected miscellaneous petition is closed. 03-07-2026 Neutral Citation: Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 16979 of 2026 __________ Page3 of 4 To 1. The Inspector of Police, P6, Kodungaiyur Police Station, Chennai. 2. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 16979 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. av CRL OP No. 16979 of 2026 and Crl.MP.No.11255 of 2026 03-07-2026 https://www.mhc.tn.gov.in/judis