BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2026 CORAM THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR Crl. OP(MD).No.13998 of 2026 and Crl.MP(MD).Nos.13579 & 13582 of 2026 Kathiravan ....Petitioner/Accused No.2 Vs The State of Tamil Nadu Rep.by the Inspector of Police Chatrakudi Police Station Ramanathapuram District Crime No.6 of 2021 ....Respondent/Complainant Prayer:This petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the proceedings in S.T.C.No.702 of 2023 on the file of the Judicial Magistrate Court, Paramakudi, Ramanathapuram District and quash the same as against the petitioner. For Petitioner : Mr.R.L.Dhilipan Pandian For Mr.A.Chinnakaruppaiya For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.side) 1/5 https://www.mhc.tn.gov.in/judis ORDER The present petition has been filed by accused No.2 in S.T.C.No.702 of 2023 on the file of the Judicial Magistrate Court, Paramakudi, Ramanathapuram District seeking to quash the charge sheet wherein the petitioner is charged with the offence under Sections 283 I.P.C and Section 4A(1a) of Open Places (Prevention of Disfigurement) Act, 1959. 2.According to the learned counsel appearing for the petitioner, an F.I.R was registered on 09.01.2021 and the charge sheet was laid only on 14.07.2022 beyond a period of one year. According to him, the Court cannot take cognizance of the matter, in view of bar under Section 468(2)(b) of Cr.P.C. 3.The learned Government Advocate (Crl.side) appearing for the respondent police confirmed the fact that the charge sheet was laid only on 14.07.2022. 4.Heard the learned counsel appearing on either side and perused the material records. 5. As could be seen from the charge sheet that the petitioner is charged with the offence under Sections 283 I.P.C which attracts fine. The petitioner is also charged with the offence under Section 4A(1a) of Open Places (Prevention of Disfigurement) Act, 1959 which attracts maximum 2/5 https://www.mhc.tn.gov.in/judis punishment of one year imprisonment. In such an event, the charge sheet has to be laid within a period of one year as contemplated under Section 468(2) (b) of Cr.P.C. The charge sheet laid only on 14.07.2022 is clearly beyond a period of one year and therefore, the Court is barred from taking cognizance. Therefore, continuation of the criminal proceedings as against the petitioner would only be an abuse of process of law. 6. In view of the above said facts, the charge sheet in S.T.C.No.702 of 2023 on the file of the Judicial Magistrate Court, Paramakudi, Ramanathapuram District stands quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. 21.07.2026. Internet : Yes/No Index : Yes/No NCC : Yes/No msa 3/5 https://www.mhc.tn.gov.in/judis To 1. The Judicial Magistrate, Paramakudi, Ramanathapuram District 2. The Inspector of Police Chatrakudi Police Station Ramanathapuram District Crime No.6 of 2021 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai 4/5 https://www.mhc.tn.gov.in/judis R.VIJAYAKUMAR, J. msa Crl. OP(MD).No.13998 of 2026 and Crl.MP(MD).Nos.13579 & 13582 of 2026 21.07.2026 5/5 https://www.mhc.tn.gov.in/judis