K.Muruganantham vs State Rep.By
2022 Latest Caselaw 9406 Mad

                                                           1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 27.05.2022

                                                        CORAM

                  THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                               Crl.O.P No.11461 of 2022
                                                         and
                                               Crl.M.P.No.6588 of 2022


              K.Muruganantham                                                        .. Petitioner

                                                          vs.

              State rep.by
              The Inspector of Police,
              Vridhachalam Police Station,
              Cuddalore District.
              (Cr.No.104 of 2020)                                                   ..Respondent



              PRAYER: Criminal Original Petition filed under Section 482 of the Code of
              Criminal Procedure, to call for the records pertaining to the First Information
              Report in Crime No.104 of 2020 pending on the file of respondent police and
              quash the same.


                                       For Petitioner    : Mr.ASuresh Sakthi Murugan

                                       For Respondents : Mr.A.Damodaran,
                                                         Additional Public Prosecutor.


https://www.mhc.tn.gov.in/judis
                                                           2

                                                       ORDER

This Criminal Original Petition is filed challenging the FIR in Crime No.104

of 2020, registered for the offences under Sections 4(1) of Tamil Nadu Open

Places (Prevention of Disfigurement Act,1959).

2. The allegation against the petitioner is that they pasted the posters

demanding the withdrawal of CCA, NRC, NPR. This Court already has laid down

in the Judgment in “Pavayi Vs. The State represented by the Sub Inspector of

Police, Thiruchengode Town Police Station and another” (Crl.O.P.No.20346 of

2019 dated 30.07.2019) has held that in respect of such cases, prior permission

under Section 155 of Cr.P.C., from the learned Magistrate is mandatory and

proceedings to the contrary are liable to be quashed. In the instant case also

investigation is being proceeded without obtaining any such prior permission.

Mr.A.Damodaran, learned Additional Public Prosecutor is unable to give any valid

answer in respect of the said contention on behalf of the petitioner.

3. In that view of the matter, the continuation of investigation in Crime

No.104 of 2020 would amount to abuse of process of law. Therefore, Crime

No.104 of 2020, on the file of the respondent stands quashed. Accordingly, this

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

Criminal Original Petition is allowed. Consequently, connected Criminal

Miscellaneous Petition is closed.

                                                                           27.05.2022

              Index      : Yes/No
              Internet   : Yes/No

Speaking Order/Non-Speaking Order

shk/kp

To

1. The Inspector of Police, Vridhachalam Police Station, Cuddalore District.

2. The Public Prosecutor, Madras High Court.

D.BHARATHA CHAKRAVARTHY, J.

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

kp/shk

Crl.O.P No.11461 of 2022 and Crl.M.P.No.6588 of 2022

27.05.2022

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