Madras High Court

CRL OP(MD)/23486/2026 of Mahendran Vs State Of Tamilnadu Rep By In on 14 October 2026

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead