Madras High Court
Lucas vs The Inspector Of Police on 27 May, 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.05.2022
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.O.P.No.12237 of 2022
and
Crl.M.P.Nos.6848 & 6850 of 2022
Lucas ... Petitioner
Vs.
The Inspector of Police,
N3, Muthalaipet Police Station,
Chennai – 600 001. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, 1973 to call for the records and quash the C.C.No.
769 of 2021 on the file of 16th Metropolitan Magistrate Court, George
Town.
For Petitioner : Mr.S.Santosh
For Respondent : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side)
https://www.mhc.tn.gov.in/judis
ORDER
This Criminal Original Petition is filed challenging the police report
filed in C.C.No.769 of 2021, registered for the offences under Section 4A
(1a) read with 4B of the Tamil Nadu Open Places (Prevention of
Disfigurement) Act, 1959.
2. The allegation is that while the respondent was in patrolling duty
on 16.03.2019 at 16:30 hrs, at the time of passing through the Srinivasan
Street, observed a wall poster pasted without any permission or licence and
which is shattering the beauty of Chennai city, pasted on a residential house
situated at No.6/1, Srinivasan Street. The respondent police registered an
FIR on 16.03.2019 in Crime No.116 of 2019 on the file of N3, Muthalaipet
Police Station for the commission of offences under Section 4A (1a) read
with 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act,
1959. Thereafter, on 17.03.2021, after a delay of two years, the respondent
police have filed final report in C.C.No.769 of 2021 before the 16th
Metropolitan Magistrate Court, George Town. 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”
https://www.mhc.tn.gov.in/judis
(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 criminal proceedings is being continued
without obtaining any such prior permission. Mr.Leonard Arul Joseph
Selvam, Government Advocate (Crl. Side), is unable to give any valid
answer in respect of the said contention on behalf of the petitioners.
3. In that view of the matter, the continuation of criminal proceedings
in C.C.No.769 of 2021 would amount to abuse of process of law.
Therefore, C.C.No.769 of 2021, on the file of the learned 16th
Metropolitan Magistrate Court, George Town stands quashed.
Accordingly, this Criminal Original Petition is allowed. Consequently,
connected Criminal Miscellaneous Petitions are closed.
27.05.2022
Index : Yes/No
Speaking Order : Yes / No
ab/mkn
https://www.mhc.tn.gov.in/judis
To
1.The 16th Metropolitan Magistrate Court,
George Town.
2.The Inspector of Police,
N3, Muthalaipet Police Station,
Chennai – 600 001.
3.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
D.BHARATHA CHAKRAVARTHY. J.,
ab/mkn
Crl.O.P.No.12237 of 2022
27.05.2022
https://www.mhc.tn.gov.in/judis
