Petition to quash FIR for erecting a banner without permission under Section 4(1) TN Open Places (Prevention of Disfigurement) Act. Final report not filed since 2017; State conceded no justification for delay and no other offence made out. Court held further filing would be limitation-barred and quashed the FIR.
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Crl.O.P.(MD)No.17985 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.O.P.(MD).No.17985 of 2025 and
Crl.MP(MD).No.14771 of 2025
GP Raja ... Petitioner / Sole Accused
Vs.
1.The State of Tamil Nadu, Throuth its Inspector of Police, Koodalpudur Police Station, Madurai City. Crime No.122/2017.
2.Kasi, Sub-Inspector of Police, Koodal Pudur Police Station, Madurai City. ... Respondents / Complainants
Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records to the FIR in Crime No.122 of 2017 on the file of the 1st respondent police and quash the same as illegal.
For Petitioner : Mr.K.Rajeshwaran, For R1 : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)
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Crl.O.P.(MD)No.17985 of 2025
ORDER
This petition has been filed to quash the impugned FIR in Crime No.122 of 2017 on the file of the first respondent, registered for the offence punishable under Section 4(1) of TN Open Places (Prevention of Disfigurement) Act, 1959.
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Crl.O.P.(MD)No.17985 of 2025
the investigation has not been completed; and that there is no justifiable reason for the delay in filing of the final report. He would further submit that no other offence has been made out on the allegation made in the FIR.
4(1) of TN Open Places (Prevention of Disfigurement) Act. The punishment prescribed for the said offence is three months imprisonment with fine of Rs. 200/-. As per Section 468(2)(b) of Cr.P.C., the respondents ought to have filed the final report within a period of one year.
is no justifiable reason for the delay in filing the final report. No other offence is made out as against the petitioner. Even if the final report is now permitted to be filed, it would be barred by limitation. This Court is of the view that no useful purpose would be served in keeping the FIR pending investigation. Hence, the impugned FIR in Crime No.122 of 2017 on the file of the first respondent is quashed.
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Crl.O.P.(MD)No.17985 of 2025
connected Miscellaneous Petition is closed.
23.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu/ars
To
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Crl.O.P.(MD)No.17985 of 2025 SUNDER MOHAN, J.
Indu/ars
Crl.O.P(MD).No.17985 of 2025
23.10.2025
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1 issue framed by the court
Whether an FIR under Section 4(1) of the TN Open Places Act should be quashed where the final report was not filed within one year and would now be barred by limitation.
3 provisions across 2 enactments
GP Raja
The State of Tamil Nadu, Through its Inspector of Police, Koodalpudur Police Station, Madurai City
Kasi, Sub-Inspector of Police, Koodal Pudur Police Station, Madurai City
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
