VENKATESH Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) By consent of both sides, the matter has been taken up for final hearing. The petition is filed seeking a direction to call for the records in S.T.C. No. 1571 of 2010 on the file of the learned Judicial Magistrate No. II, Villupuram and quash the charge sheet.

(2.) The Petitioner is charged for an alleged offence under Section 3(1) of Tamil Nadu Open Places (Prevention of Disfigurement) Act 1959. It is alleged that on 17.7.2007 around 3.00 p.m the Petitioner was affixing the posters on a wall in public view containing slogans with provocative words against the Government.

(3.) Aggrieved at taking cognizance of the charge sheet, the Petitioner is before this Court to quash the same on the ground that the prosecution is malicious and the Petitioner is protected under Article 19(1)(a) of the Constitution of India and he has not propagated any offending slogans.