CRL OP No. 19689 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19689 of 2026 1. Paramaguru 2. Ponnuraj ..Petitioner(s) Vs State Represented by, The Sub Inspector of Police, Mahalingapuram Police Station, Pollachi, Coimbatore. In Crime No.120 of 2023 U/s 4(1) of TN Open Places (Prevention of Disfigurement ) Act, 1959. ..Respondent(s) PRAYER: This criminal original petition filed under Section 528 of BNSS to call for the records in connection with the S.T.C.No.58 of 2024 pending before the Learned Judicial Magistrate No.II, Pollachi, Coimbatore and to QUASH the same and pass such further/other order(s) as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Mr.P.A.Parasaran For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Criminal Side) https://www.mhc.tn.gov.in/judis CRL OP No. 19689 of 2026 __________ Page2 of 4 ORDER The prayer in the criminal original petition is to quash the proceedings in STC.No.58 of 2024 arising out of crime No.120 of 2023. 2.Upon perusal of the records, it can be seen that the petitioner and yet another accused is being prosecuted for an offence punishable under section 4(1) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. 3.The allegation is that on 28.05.2023 at about 13.30 hours, when the defacto complainant being the head constable was on round, he found that the petitioner had erected flex board with the words (mwk ; fhf;Fk; br';nfhy;) on behalf of the Bharatiya Janata Political Party. Since the same is without permission, the above case has been registered and subsequently, the final report is filed. Upon considering the arguments of the petitioner that except the police constable, there is no other witness to the entire case and since the flex board is said to be erected in a public place, the chances of securing a conviction with the sole evidence of the police alone stands extremely bleak and further considering the argument even then there is no witness to connect the petitioner’s with the flex board, I am of the view that the petitioner is entitled to succeed. https://www.mhc.tn.gov.in/judis CRL OP No. 19689 of 2026 __________ Page3 of 4 4.The learned counsel for the petitioner would submit that the petitioner has not even erected the board and he will not erect any board without permission from the authorities. 5.Let an affidavit to that effect shall also be filed before the respondent police within 10 working days from today, on that condition, this criminal original petition stands allowed. The case in STC.No.58 of 2024 shall stand quashed in its entirety. 23-07-2026 Neutral Citation: Yes/No sms To 1. The Learned Judicial Magistrate No.II, Pollachi, Coimbatore. 2.The Sub Inspector of Police, Mahalingapuram Police Station, Pollachi, Coimbatore. 3.The Public Prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 19689 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. sms CRL OP No. 19689 of 2026 23-07-2026 https://www.mhc.tn.gov.in/judis