S.BASKAR Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This criminal original petition is filed seeking quashment of the case in STC No.1922 of 2021 on the file of the Judicial Magistrate No.II, Dindigul.

(2.) The case of the prosecution in brief:- On 03/04/2016 at about 10.30 hours in the morning, the police team found posters pasted in the compound wall of the Revenue Department, demanding action against the private Nursing College administration. On investigation, it was found that the above said posters were pasted by the accused persons in violation of the prohibitory order. Upon which, a case in Crime No.465 of 2016 was registered for the offences under Sec. 188 IPC r/w Sec. 40-B, 4(1)(b) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. After completing the investigation, final report was filed and it was taken cognizance in STC No.1922 of 2021 by the Judicial Magistrate No.II, Dindigul.

(3.) Seeking quashment of the same, this petition has been filed by the petitioner/A2 on the ground that the occurrence said to have taken place, on 03/04/2016, but the final report was filed only in 2021, much after the period of limitation; Apart from that, it has also been stated that none of the allegations mentioned in the final report attract any of the ingredients of the offences under Sec. 188 IPC r/w Sec. 4-B, 4(1)(b) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.