Madras High Court
CRL OP(MD)/1424/2025 of I.Kathiresan Vs The State of Tamilnadu on 7 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 1424 of 2025
and
CRL MP(MD) No.939 of 2025
CNR:{HCMD011585352025}
1. I.Kathiresan
2. E.Benjamin Franklin
..Petitioner(s)
Vs
1. The State of Tamilnadu,
Rep. by The Inspector of Police,
The Inspector of Police,
Kovilpatti West Police Station,
Thoothukudi District.
(Crime No.226 of 2121).
2. Justin Manohar,
Sub Inspector of Police,
Kovilpatti West Police Station,
Thoothukudi District.
..Respondent(s)
PRAYER: C-51Q. To call for the records pertaining to the case registered in impugned Charge Sheet in S.T.C.No.144 of 2023, on the file of the learned Judicial Magistrate No.II, Kovilpatti in Crime No.226 of 2021 dated 16.03.2021 on the file of the 1st respondent police.
For Petitioner(s):
Mr.M.Maria Vinola
For R1:
Mr.V.Shathurthi Raja,
Government Advocate (Crl.side)
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ORDER
The present petition has been filed by A1 and A2 in S.T.C.No.144 of 2023, on the file of the learned Judicial Magistrate No.II, Kovilpatti, seeking to quash the charge sheet, wherein the petitioners are charged with the offences under Section 4A(1a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.
2. A perusal of the charge sheet reveals that the petitioners herein are alleged to have hoisted a party flag in violation of the election code of conduct.
3. According to the learned counsel appearing for the petitioners, the flag was hoisted on an existing flagpole, and the flag had been flying even before the election code of conduct came into force. Therefore, the act cannot be considered an offence. Therefore, the same cannot be considered to be an offence.
4. Heard the learned counsel on either side and perused the material records of the case.
5. A perusal of the charge sheet reveals that the flagpole is an old one and that the petitioners have merely hoisted the party flag on the existing flagpole and hoisting of the flag pole in the party office cannot be considered to be a criminal offence.
6. In such view of the matter, continuation of the criminal proceedings as against the petitioners is only an abuse of process of law. Therefore, the charge sheet in S.T.C.No.144 of 2023, on the file of the learned Judicial Magistrate No.II, Kovilpatti, stands quashed.
7. Accordingly, the criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rgm
R.VIJAYAKUMAR, J. rgm To
1. The State of Tamilnadu, Rep. by The Inspector of Police, The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District. (Crime No.226 of 2121).
2. Justin Manohar, Sub Inspector of Police, Kovilpatti West Police Station, Thoothukudi District. CRL.OP(MD).No. 1424 of 2025 07.10.2026