KATHIRAVAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to call for the records and quash the C.C.No.774 of 2021 on the file of the XVI Metropolitan Magistrate Court, George Town, Chennai.

(2.) The petitioners, who were facing trial in C.C.No.774 of 2021 on the file of the XVI Metropolitan Magistrate, George Town, Chennai, for the offence under Ss. 4A (1a) r/w 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, has filed this petition.

(3.) The grievance of the petitioners is that the maximum period of punishment for violation of offence under Sec. 4A (1a) r/w 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, is one year and fine of Rs.5,000.00. In this case, the occurrence had taken place on 30/3/2019 and on the same day, the First Information Report came to be registered. However, after completing the investigation, charge sheet was filed only on 16/3/2021. Hence, the case is haplessly barred by limitation under Sec. 468 of Cr.P.C. Therefore, the Lower Court ought not to have entertained the charge sheet and taken on file.