Madras High Court
H.Mohideen vs State Rep. By Its on 1 February, 2022
Crl.O.P.No.30007 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P.No.30007 of 2018 &
Crl.M.P.No.17622 of 2018
H.Mohideen ... Petitioner
Vs
State rep. by its
The Sub Inspector of Police,
S-11, Tambaram Police Station,
Chennai. ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C. to call
for the records in Crime No.2499 of 2018 on the file of the respondent and
quash the same as illegal and without jurisdiction.
For Petitioner : Mr.L.Abdul Basitti
For Respondent : Mr.R.Kishore Kumar,
Government Advocate [Criminal Side]
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Crl.O.P.No.30007 of 2018
ORDER
This petition has been filed to quash First Information Report in Crime
No.2499 of 2018 on the file of the respondent and quash the same as illegal and
without jurisdiction registered under section 153A of IPC and Section 4[1]
Tamil Nadu Open Places [Prevention of Disfigurement] Act, 1959.
2. The allegation in the First Information Report is that the petitioner
was affixing posters on the wall belonging to the school which develops hatred
against the Government. As disfigurement should be stopped and also action
has to be taken against the groups which create communal hatred, the First
Information Report came to be registered on 26.09.2016 by the respondent.
3. The learned counsel appearing for the petitioner submitted that the
entire First Information Report is nothing but false case and the affected party
has not given any complaint. It is his further contention that the even the
avements in poster is taken into consideration, the same would not fall within
the ambit of Section 153 IPC or Section 4[1] of Tamil Nadu Open Places
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Crl.O.P.No.30007 of 2018
[Prevention of Disfigurement] Act, 1959. Hence, submitted that the First
Information Report has to be quashed.
4. The learned Government Advocate [Criminal Advocate] has no
objection in quashing the First Information Report.
5. I have perused the First Information Report. Except demanding to
stop the hatred politics of the Central Government and also to take action with
iron hands against certain groups, no other statement is said to have been made
in the First Information Report. It is well settled that to attract 153A IPC or
Section 4[1] Tamil Nadu Open Places [Prevention of Disfigurement] Act, 1959,
promotion of enmity or hatred or ill-will between two groups of different
religion or linguistic or caste or communities, it is necessary that atleast two
such groups or communities should be involved. Merely insisting the
Government to take action against any other group or community, cannot
attract either the offence under section 153A of IPC or Section 4[1] Tamil Nadu
Open Places [Prevention of Disfigurement] Act, 1959 as it is well settled in the
judgments of the Apex Court in Manzar Sayeed Khan Vs. state of
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Crl.O.P.No.30007 of 2018
Maharashtra and another reported in 2007 [5] SCC 1. Therefore,
merely expressing some grievance and to take action against certain
groups, this Court is of the view that the same would not attract the
offence under section 153A of IPC. Similarly, the First Information
Report only indicate that posters have been kept on the wall and there is
any other details as to whether those posters have been pasted in the
property of the school. Further, though the First Information Report is
said to have been registered on 26.09.2016, the same has been received by
the Court only on 03.10.2016. Further, it is also to be noted that merely
expressing their feeling with regard to action of police or administration of
the Government, such an advertisement shall not be deemed to be
objectionable as per the explanation of Section 2 of the Tamil Nadu Open
Places [Prevention of Disfigurement] Act, 1959. In such view of the
matter, merely seeking some action against some person, it cannot be said
that such advertisement will fall within the ambit of Section 4[1] Tamil
Nadu Open Places [Prevention of Disfigurement] Act, 1959. Hence, the
present First Information Report is liable to be quashed.
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Crl.O.P.No.30007 of 2018
6. Accordingly, this Criminal Original Petition is allowed and the First
Information Report in Crime No.C.No.2499 of 2018 on the file of the
respondent registered against the petitioner is quashed. Consequently,
connected miscellaneous petition is closed.
01.02.2022
vrc / kbs
Index : Yes / No
Internet : Yes / No
Speaking Order / Non Speaking Order
To
The Sub Inspector of Police,
S-11, Tambaram Police Station,
Chennai.
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Crl.O.P.No.30007 of 2018
N. SATHISH KUMAR, J.
vrc / kbs
Crl.O.P.No.30007 of 2018
01.02.2022
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