Madras High Court
P.Jeevanantham vs The Inspector Of Police on 20 January, 2022
Crl.O.P.No.219 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.219 of 2022
and Crl.M.P.No.61 of 2022
P.Jeevanantham ... Petitioner/A1
Vs.
1.The Inspector of Police,
Nangavalli Police Station,
Salem District.
Cr.No.97 of 2017
2.Thiru.Sivasamy,
Spl. Sub-Inspector of Police,
Nangavalli Police Station,
Salem District. ... Respondents/Defacto complainants
Prayer: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to quash the FIR in Cr.No.97 of 2017 dated
15.05.2017 on the file of the 1st respondent for the alleged offences u/s
4A(1a) r/w 4B Tamil Nadu Open Places (Prevention of Disfigurement)
Act, 1959.
For Petitioner : Mr.V.Elangovan
For Respondents : Mr.E.Raj Thilak for R1
Additional Public Prosecutor
1/8
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.219 of 2022
ORDER
The petitioner accused in Crime No.97 of 2017 for the alleged
offences under Sections 4A(1a) r/w 4B Tamil Nadu Open Places
(Prevention of Disfigurement) Act, 1959, filed this quash petition.
2.The gist of the complaint is that on 15.05.2017 at about 5.45
p.m., the Special Sub-Inspector of Police attached to Nangavalli Police
Station along with the constable Sekar was keeping watch over the area at
that time near the Nangavalli Panchayat Middle School, they found a
handbill of Communist Party of India in size 29.5 cm in length and 21 cm
in breadth pasted on the compound of the School calling for a protest
against the Deputy Superintendent of Police on 16.05.2017. In the
poster, it was found that the protest was to be held by the petitioner.
Hence, a case has been registered against him.
3.The learned counsel for the petitioner would submit that the
continuation of further proceedings is an abuse of process of law. He
would further submit that the offences alleged against the petitioner is
punishable for a maximum period of 6 months. Though the case has
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.219 of 2022
been registered on 15.05.2017, the Final Report has not been filed by the
respondent Police till date and that there is a specific bar under Section
468 of the Cr.P.C. for the Magistrate to take cognizance of the offence
beyond the period of limitation which is more than 4 years in this case.
In support of the above contention, he would rely on the judgments
reported in (1981) 3 SCC 34 : AIR 1981 SC 1054 (State of Punjab v.
Sarwan Singh) and reported in (1999) 4 SCC 690 (Arun Vyas v. Anitha
Vyas).
4.He further submits that in this case, the School Authorities have
not lodged any complaint and there is nothing to show that the
photograph of the handbill was seized and even mahazar prepared,
whether the handbills were printed and stuck by the petitioner, no
investigation has been done. Since it was a protest against the Deputy
Superintendent of Police, the Police got enraged and the petitioner shown
as accused. Showing protest is a hallmark of democracy which cannot be
curtailed by foisting of cases. Hence, having no other option except to file
this quash petition. Hence, the FIR initiated against the petitioner in
Crime No.97 of 2017 on the file of the first respondent, is prayed to be
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.219 of 2022
quashed.
5.The learned Additional Public Prosecutor submits that the
petitioner belonging to Communist Party of India to condemn the act of
the Deputy Superintendent of Police was planning to hold a protest on
16.05.2017, on 15.05.2017 they pasted handbills at various places, one
such handbill was pasted in the compound wall of the Panchayat Middle
School without the permission of the concerned, no handbill or poster to
be pasted in the public wall. He further submits that the investigation in
progress, soon Final Report to be filed, investigation cannot be short
circuited by filing the above quash petition, handbills in size 29.5 cm in
length and 21 cm in breadth pasted on the School compound wall calling
for a protest against the functioning of the Deputy Superintendent of
Police. Hence, strongly opposed the quash petition.
6.Admittedly, in this case no School Authorities lodged any
complaint against the petitioner, pasted handbills not recorded, by
photograph or observation mahazar, no handbill seized, further it is 4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.219 of 2022
years since the case registered and the investigation is still pending.
7.Admittedly, these offences are punishable for a maximum period
of 6 months. The case has been registered on 15.05.2017 and till date,
the Final Report not filed. There is a specific bar under Section
468(1)(2)(c) Cr.P.C for taking cognizance after lapse of period of
limitation and the learned Judicial Magistrate is barred from taking
cognizance. No reason is assigned by the respondent Police to explain
the delay in filing the Final Report. In view of the same, the learned
Judicial Magistrate cannot take cognizance and there is no purpose in
keeping the First Information Report pending endlessly.
8.Considering the rival submissions and on perusal of the materials
it is seen that there was a handbill pasted on the compound wall of the
Panchayat Middle School wherein the petitioner called for a protest
against the functioning of the Deputy Superintendent of Police. Hence, it
is natural that protest to be held, showing protest is an fundamental right,
Hallmark of Democracy, further the concerned School Authorities not
lodged any complaint.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.219 of 2022
9.In view of the above, the First Information Report in Crime
No.97 of 2017, on the file of the first respondent Police, is quashed and
the Criminal Original Petition is allowed. Consequently, connected
miscellaneous petition is closed.
20.01.2022
Index: Yes/No
Internet: Yes/No
Speaking order/Non-speaking order
pam
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.219 of 2022
To
1.The Inspector of Police,
Nangavalli Police Station,
Salem District.
Crime No.97 of 2017
2.The Public Prosecutor,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.219 of 2022
M.NIRMAL KUMAR, J.
pam
Crl.O.P.No.219 of 2022
20.01.2022
https://www.mhc.tn.gov.in/judis
