CRL OP No. 9584 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 9584 of 2026 and Crl.M.P.No.6795 of 2026 Shanmuga Vinayagam S/o Eswaran, R.K.Nagar A.I.A.D.M.K. Deputy Secretary, 21/7, Ekbaram Street, Old Washermenpet, Chennai. ..Petitioner(s) Vs. 1. The State Rep By, The Inspector of Police P6, Kodungaiyur Police Station, Chennai. Crime No.204 of 2024. 2. S.Subadevi CAO Excutive Magistrate, Parliament election flying squad 2024, Perambur Legislative Assembly, Chennai. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to call for the records and quash the proceedings as against the petitioner in STC.NO.3283 of 2026 on the file of the X Metropolitan Magistrate, Egmore, Chennai. For Petitioner(s): Mr.M.Mohamed Riyas For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Criminal Side) For R1 No appearance for R2 https://www.mhc.tn.gov.in/judis CRL OP No. 9584 of 2026 __________ Page2 of 4 ORDER This Criminal Original Petition is filed to quash the proceedings in STC No.3283 of 2026 on the file of the Court of X Metropolitan Magistrate, Egmore, Chennai. 2. Upon hearing the learned counsel on either side, perusing the first information report, materials collected during investigation and the final report, it can be seen that during the time of parliamentary elections in the year 2024, the petitioner being the member of one of the political party have installed his political party flags on either side of the road without necessary permission. 3. Per se, it can be seen that the allegation is non obtaining of permission to erect the political flags. Therefore the offences alleged under sections 4 A (1) (b) & 4 (B) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, is not made out. Further, it can be seen that except for examining of only the police officials not even a single witness has been examined, even though the alleged offence is said to have been done in the main road. Further considering the nature of violation that is alleged and the fact that the petitioner is facing the proceedings from the year 2024, it can be seen that continuing the same beyond a period would also be oppressive. https://www.mhc.tn.gov.in/judis CRL OP No. 9584 of 2026 __________ Page3 of 4 4. For all the above reasons, this Criminal Original Petition stands allowed. The proceedings as against the petitioner in STC.NO.3283 of 2026 on the file of the X Metropolitan Magistrate, Egmore, Chennai, shall stand quashed. Consequently, the connected miscellaneous petition is closed. 27-07-2026 Neutral Citation: Yes/No JER To 1. The X Metropolitan Magistrate, Egmore, Chennai. 2. The Inspector of Police P6, Kodungaiyur Police Station, Chennai. Crime No.204 of 2024. 3. The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 9584 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. JER CRL OP No. 9584 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis