Madras High Court
Kannan vs The State Of Tamil Nadu on 22 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.109 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.109 of 2025
and
Crl.M.P.(MD)Nos.90 and 91 of 2025
Kannan ... Petitioner
Vs.
1.The State of Tamil Nadu, Rep. by
The Sub Inspector of Police,
Virudhunagar Bazzar Police Station,
Virudhunagar District.
(Crime No.27 of 2021)
2.Mohanraj,
Survey and Statistical Inspector,
District Industries Centre,
District Collectorate Campus,
Virudhunagar Taluk,
Virudhunagar District. ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of the
B.N.S.S., to call for the records relating to the proceedings of charge
sheet in S.T.C.No.1543 of 2023, pending before the Judicial Magistrate
Court No.I, Virudhunagar and quash the same insofar as the petitioner /
accused herein.
1/7
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.109 of 2025
For Petitioner : Mr.G.Mariappan
For R1 : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
The petitioner, who is arrayed as an accused in S.T.C.No.1543 of
2023, pending before the Judicial Magistrate Court No.I, Virudhunagar,
facing trial for offences under Section 4A(1a) and 4(B) of the Tamil
Nadu Open Places (Prevention of Disfigurement) Act, 1959 (hereinafter
referred to as 'the Act'), has filed this quash petition.
2. The case against the petitioner is that on 26.03.2021, at around
12:30 p.m., the petitioner is said to have removed the cloth covering
placed on the statue of Dr.M.G.Ramachandran by the election authorities
during the election period, thereby exposing the statue. This act allegedly
drew attention to the figure of the late leader, benefiting the petitioner's
political party. Hence, a case was registered based on the complaint of
the second respondent / de-facto complainant, who was part of the
election squad.
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3. The contention of the learned counsel for the petitioner is that
the case is not maintainable because, under the Act, it is the property
owner or the person in control of the property who must lodge a
complaint regarding any disfigurement. The election flying squad is not
the owner of the property, and it is neither the municipal authorities nor
the political party to which the statue belongs that has lodged the
complaint.
4. The learned counsel for the petitioner further submitted that the
case was registered on 26.03.2021, and the investigation was completed
on 14.06.2021. However, the final report was filed before the Magistrate
on 04.11.2022, with a delay of one year and four months. Since the
maximum punishment for the offence is one year and a fine of Rs.5,000,
the case is barred by limitation.
5. The learned counsel further submits that the learned Judicial
Magistrate No.I, Virudhunagar, while taking the complaint on file,
applied his mind mechanically, resulting in a rubber stamp order, which
has been deprecated by this Court in several cases. Before taking a
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complaint on file, the learned Magistrate is required to apply his mind.
Referring to Page No.26 of the typed set of papers, the learned counsel
for the petitioner submitted that the learned Magistrate, by issuing a
rubber stamp order, had taken cognizance, which is improper. Therefore,
the learned counsel prayed for quashing of the proceedings in S.T.C.No.
1543 of 2023, pending against the petitioner before the learned Judicial
Magistrate Court No.I, Virudhunagar.
6. The learned Additional Public Prosecutor appearing for the first
respondent submits that the point raised by the learned counsel for the
petitioner regarding the owner of the property, in relation to the
disfigurement, does not apply in this case. The statue was installed on a
public road and covered by the Election Officers to ensure neutrality and
prevent undue influence. The petitioner deliberately removed the cloth,
exposing the statue to the public and thereby attempting to influence the
voters.
7. The learned Additional Public Prosecutor fairly submits that
cognizance was taken by a rubber stamp order, with no indication that
the delay has been condoned.
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8. Considering the above submissions and after perusing the
materials on record, this Court finds that cognizance has been taken by a
rubber stamp order, with no indication that the delay has been condoned.
Furthermore, this Court, in numerous cases and relying on judgments of
the Hon'ble Apex Court, has consistently held that the process of taking
cognizance is a judicial act that requires the application of mind. A
rubber stamp cognizance is not cognizance in the eyes of the law, as it
merely involves placing a seal on the complaint and filling in the gaps.
Such rubber stamp cognizance has been disapproved by this Court. A
useful reference can be made to the judgment of this Court in
Shanmugam and others vs. Inspector of Police, Ariyalur Police
Station, Ariyalur and others, reported in (2019) 3 MLJ (Crl.) 339. The
Hon'ble Apex Court also addressed this issue in S.K.Sinha, Chief
Enforcement Officer vs. Videocon International Ltd. & Ors., reported
in (2008) 1 SCC (Crl.) 471.
9. Furthermore, in this case, there is no complaint from any rival
political party regarding the removal of the cloth from the statue of
Dr.M.G.Ramachandran, which was placed by the election authorities
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during the election period, thereby exposing the figure of the leader and
drawing attention to the late political leader.
10. In view of the above, the proceedings pending against the
petitioner in S.T.C.No.1543 of 2023, on the file of the Judicial
Magistrate Court No.I, Virudhunagar, is quashed. Accordingly, the
Criminal Original Petition is allowed. Consequently, connected
Miscellaneous Petitions are closed.
22.01.2025
NCC : Yes / No
Index : Yes / No
smn2
To
1.The Judicial Magistrate No.I,
Virudhunagar.
2.The Sub Inspector of Police,
Virudhunagar Bazzar Police Station,
Virudhunagar District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
smn2
Order made in
Dated: 22.01.2025
https://www.mhc.tn.gov.in/judis
