Madras High Court
CRL OP(MD)/23486/2026 of Mahendran Vs State Of Tamilnadu Rep By In on 14 October 2026
CRL OP(MD) No. 23486 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23486 of 2026
CNR:{HCMD011451492026}
AND
CRL MP(MD) Nos. 22162 & 22163 of 2026
Mahendran
S/o.Kasimariappan,
Door No.138/205,
Chekkadi Street,
Kovilpatti Town and Taluk,
Thoothukudi District.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By
Inspector Of Police,
Kayathar Police Station,
Thoothukudi District,
Crime No.217/2026.
2. Ganesan
218, Kovilpatti Assembly-II,
Kayathar Taluk,
Thoothukudi District.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the entire records connected with the case in S.T.C.No.1139 of 2026 pending on the file of the learned Judicial Magistrate No.II, Kovilpatti and quash the same as illegal and pass such further or other orders.
CRL OP(MD) No. 23486 of 2026
For Petitioner(s):
Mr.S.Saravanan
For Respondent(s):
M/s.V. Shathurthi Raja,
Government Advocate (crl. Side)
For R1
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ORDER
The present petition has been filed by the sole accused in S.T.C. No.1139 of 2026, on the file of the learned Judicial Magistrate No.II, Kovilpatti, seeking to quash the charge sheet, wherein, the petitioner is charged with the offences under Sections 4A(1a) and 4B of TamilNadu Open Places (Prevention of Disfigurement) Act, 1959.
2. A perusal of the charge sheet reveals that the petitioner, who belongs to a political party, had obtained permission to conduct a street meeting. However, the petitioner is alleged to have erected more party flags than were permitted under the permission order.
3. According to the learned counsel appearing for the petitioner, neither the permission order nor the number of flags allegedly erected by the petitioner is mentioned in the FIR or the charge sheet.
4. Heard the submissions made on either side and perused the materials available on record.
CRL OP(MD) No. 23486 of 2026
5. It could be seen from the charge sheet that the petitioner is alleged to have erected more party flags than were permitted under the permission order. However, neither the permission order nor the number of flags allegedly erected by the petitioner is available on record.
6. In such circumstances, the continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, the charge sheet in S.T.C. No. 1139 of 2026, pending on the file of the learned Judicial Magistrate No. II, Kovilpatti, is quashed.
7. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn
CRL OP(MD) No. 23486 of 2026 R.VIJAYAKUMAR J. gvn To:
1. The Judicial Magistrate No.II, Kovilpatti.
2. The Inspector Of Police, Kayathar Police Station, Thoothukudi District, Crime No.217/2026.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL OP(MD) No. 23486 of 2026 14-10-2026