Vigneshwaran vs The Inspector Of Police
2021 Latest Caselaw 19379 Mad

                                                                              Crl.O.P(MD)No.12654 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    Dated: 22.09.2021

                                                        CORAM:

                                   THE HONOURABLE MR JUSTICE G.ILANGOVAN

                                               Crl.O.P.(MD) No.12654 of 2021
                                                           and
                                           Crl.M.P(MD)Nos.6465 and 6467 of 2021

                1.Vigneshwaran
                2.Raju                                     ... Petitioners
                                                           Vs.
                The Inspector of Police,
                Karur Police Station,
                Karur District.
                (In Crime No.1225 of 2016)                 .. Respondent/Complainant


                PRAYER: Criminal Original Peititon is filed under Section 482 of Cr.P.C, to
                call for the records in C.C.No.88 of 2017 pending before the learned Judicial
                Magistrate No.I, Karur in connection with Crime No.1225 of 2016 dated
                26.12.2016 for the offences under Sections 153(A) of of IPC r/w Section 4(1)
                of Tamil Nadu Open Places (Prevention of disfigurement) act 1959 on the file
                of the respondent police and quash the same against the petitioners as illegal.


                                  For Petitioner     : Mr.S.Vanchinathan
                                  For R1              : Mr.K.Sanjai Gandhi
                                                        Government Advocate

                1/11
https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P(MD)No.12654 of 2021


                                                       ORDER

This petition is filed seeking to call for the records in C.C.No.88 of 2017

pending before the learned Judicial Magistrate No.I, Karur in connection with

Crime No.1225 of 2016 dated 26.12.2016 for the offences under Sections

153(A) of of IPC r/w Section 4(1) of Tamil Nadu Open Places (Prevention of

disfigurement) act 1959 on the file of the respondent police and quash the same

against the petitioners as illegal.

2. The case of the prosecution in brief is as follows:

On 26.12.2016, the accused persons without proper permission or licence

pasted a poster near the Karur Bus stand. The contents of the pasted posters are

related to the Income Raid. On the basis of the complaint given by the Village

Administrative Officer, the case in Crime No.1255 of 2016 for the offence

under Sections 153(A) of IPC r/w Section 4(1) of Tamil Nadu Open Places

(Prevention of Disfigurement) Act, 1959 was registered against the petitioners.

Investigation was undertaken and materials were collected and final report was

filed before the Judicial Magistrate No.I, Karur, which was also taken on file in

C.C. No.88 of 2017 on the file of the learned Judicial Magistrate-I, Karur. This

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

petition is filed mainly on the ground that the offences mentioned in the final

report did not attract any of the ingredients and the respondent is not the

competent authority to lodge complaint.

3. Heard both sides.

4.Here, only a short point is involved in this matter. This petition is filed

mainly on the ground that Section 153(A) of IPC and Section 4(1) of Tamil

Nadu Open Places (Prevention of Disfigurement) Act, 1959 are not attract

against the petitioners as mentioned in the First Information Report as well as

the final report.

5.The wordings in the poster does not indicate any of the ingredients of

Section 153A of IPC. Hence, the offence under Section 153 A of IPC is not

attracted. Section 153 (A) of IPC is extracted here under:-

“153A. Promoting enmity between different groups on grounds

of religion, race, place of birth, residence, language, etc., and doing

acts prejudicial to maintenance of harmony —

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

(1) Whoever—

(a) by words, either spoken or written, or by signs or by visible

representations or otherwise, promotes or attempts to promote, on

grounds of religion, race, place of birth, residence, language, caste

or community or any other ground whatsoever, disharmony or

feelings of enmity, hatred or ill-will between different religious,

racial, language or regional groups or castes or communities, or

(b) commits any act which is prejudicial to the maintenance of

harmony between different religious, racial, language or regional

groups or castes or communities, and which disturbs or is likely to

disturb the public tranquillity, or

(c) organizes any exercise, movement, drill or other similar

activity intending that the participants in such activity shall use or be

trained to use criminal force or violence or knowing it to be likely

that the participants in such activity will use or be trained to use

criminal force or violence, or participates in such activity intending

to use or be trained to use criminal force or violence or knowing it to

be likely that the participants in such activity will use or be trained to

use criminal force or violence, against any religious, racial,

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

language or regional group or caste or community and such activity

for any reason whatsoever causes or is likely to cause fear or alarm

or a feeling of insecurity amongst members of such religious, racial,

language or regional group or caste or community, shall be punished

with imprisonment which may extend to

three years, or with fine, or with both.

Offence committed in place of worship, etc.—(2) Whoever commits

an offence specified in sub-section (1) in any place of worship or in

any assembly engaged in the performance of religious worship or

religious ceremonies, shall be punished with imprisonment which

may extend to five years and shall also be liable to fine.”

The reading of the provision will indicate that the act ought to have been

committed by the petitioners with the intention to create enmity between

different groups of people on the ground of religion, race, place of birth,

residence, language, etc., and doing acts prejudicial to maintain of harmony.

Here, reading of the poster shows that allegation have been levelled against the

political functionaries with regard to raid that have been conducted upon the

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

other political functionaries. The petitioners have relied upon the judgment in

Venkatesh Vs. The Inspector of Police, Villupuram District in Crl.O.P.No.

23182 of 2010, wherein, a case was registered for the offences punishable

under Section 3(1) of Tamilnadu Open Places (Prevention of Disfigurement)

Act, 1959. The issue before the court was that pasting of poster in the open

place, it was found that there was no objectionable words or material in the

poster. According to this Court, Which clearly covered the Article 19(a) of the

Constitution of India and as such the words found in the poster is not

objectionable one. But mere reading of the words used in the poster shows that

they have not used any objectionable words. Another ground is that it is not

objectionable advertisement or poster as defined under Section 2(b) of the

Tamilnadu Open Places (Prevention of Disfigurement) Act, 1959.

6.No doubt that the words are used in the poster will not come under the

definition of Section 2(b) of the Tamilnadu Open Places (Prevention of

Disfigurement) Act, 1959, the term ''objectionable advertisement' has been

defined as under:

(b) ''Objectionable advertisement” means any advertisement which is like to:

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

(i)Incite any person to commit murder, sabotage or any offence involving violence; or (ii) seduce any member of any of the armed forces of the Union or of the police forces from his allegiance or his duty or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force or (iii) incite any section of the citizens of India; or which

(iv) is deliberately intended to outrage the religious feelings of any class of the citizens of India by insulting or blaspheming or profaning the religion or the religious beliefs of that class; or (v) is grossly indecent or is scurrilous or obscene or intended for blackmail;

(vi) obstructs pedestrian traffic.

7.I have already mentioned earlier that the petitioners made allegation

against one political functionaries with regard to the Income Raid. The

Tamilnadu Open Places (Prevention of Disfigurement) Act, 1959 is undergone

several amendment. 2(a) is extracted here under and 4(aa) a is also extracted

hereunder.

In this Act, unless the context otherwise requires:-

[a] “Advertisement'' includes any effigy or any bill, notice,

document, paper of other thing containing any words, signs, or visible

representation.

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

Section 4(AA) A prohibition of pasting of posters and fixing of

thatty boards etc., on motor vehicle:- (1) notwithstanding anything

contained in Section 3, 3A, 4 or 4-A or any other provision of this Act,

or any law for the time being in force, on person shall, in any local

area,-

(a) affix to or inscribe or exhibit on, any motor vehicle, any

poster or any effigy or any bill, notice, document, paper or other

thing containing any words, signs or visible representations;

8.It appears that the poster has been pasted in the public place namely

Karur Bus stand. So Section 4 is clearly attracted and also cognizable in nature.

9.Now coming back to the nature of the offence, it is contended by the

learned counsel for the petitioner that it is non cognizable offence which

requires proper permission under Section 155 of Cr.P.C from the concerned

jurisdictional Magistrate.

10.The order of this Court in Crl.O.P(MD).No.23182 of 2010 dated

03.03.2011 in the case of Venkatesh Vs. The Inspector of Police, Vikravandi

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

Police Station, Villupuram District, wherein it is stated that the petitioner was

affixing posters on a wall in public view containing slogans with provocative

words against the Government so that Section 3 of the Tamil Nadu Open Places

Prevention of Disfigurement Act, 1959 was invoked against the petitioner and

that Criminal Original Petition was allowed stating that in a democratic society

all the citizens have freedom of speech and expressing their fundamental right.

Therefore, whatever stated in the alleged poster is not coming under the

definition of 1 to 6 of 2(b) of the Act.

11.As I mentioned earlier, the sentence used in the poster will not come

under the category of objectionable advertisement. Therefore, Section 153(A)

of IPC will not attract against the petitioners and the poster was pasted in the

public place without any prior permission from the concerned officials so that

Section 4 (1) of Tamil Nadu Open Places (Prevention of disfigurement) Act is

very much attract against the petitioners. Therefore, the order of this Court in

Crl.O.P(MD).No.23182 of 2010 dated 03.03.2011 in the case of Venkatesh

Vs. The Inspector of Police, Vikravandi Police Station, Villupuram District

will not help the case of the petitioner.

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

12. I am of the considered opinion that the grounds raised by the

petitioners are not worth for considering this petition and no valid ground is

made out to quash the charge sheet. The petitioners have to undergo the trial

process.

13. I find no merit in the petition and it deserves dismissal. Accordingly,

the same is dismissed. Consequently,connected miscellaneous petitions are

closed. However, there shall be a direction to the trial court to complete the trial

process within a period of 3 months from the date of receipt of a copy of this

order. Compliance report shall be sent to the Registry, since the matter in the

issue is of the year 2017 and the crime number is of the year 2016.

22.09.2021 Index : Yes/ No Internet: Yes/No tta

To,

1.The Inspector of Police, Karur Police Station, Karur District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.12654 of 2021

G.ILANGOVAN., J.

tta

Crl.O.P.(MD) No.12654 of 2021 and Crl.M.P(MD)Nos.6465 and 6467 of 2021

22.09.2021

https://www.mhc.tn.gov.in/judis