P.K.Vairamuthu v. The State Rep.By, the Inspector of Police,

O RDER

The present Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.224 of 2025 on the file of the learned Judicial Magistrate Court No.I, Pudukkottai.

¶2The case of the prosecution is that on 03.04.2021, the petitioners, along with others, allegedly arrived in seven cars and twelve two-wheelers displaying party flags and canvassed in support of an AIADMK candidate. It is further alleged that they burst crackers during the campaign, thereby causing disturbance to the public. Based on a complaint lodged by the 2nd respondent, the 1st respondent registered a case in Crime No. 54 of 2021 for alleged offences under Sections 143, 286 & 341 of the Indian Penal Code (IPC), and Sections 4AA(1a) & 4AA(4) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. After completion of the investigation, the respondent Police filed a charge sheet before the learned Judicial Magistrate Court No.I, Pudukkottai. The learned Magistrate took cognizance of the same and issued summons to the petitioner in S.T.C.No. 224 of 2025, which is now sought to be quashed.

¶3Learned counsel appearing for the petitioners submitted that the Magistrate ought not to have taken cognizance of the final report, since the alleged occurrence took place on 03.04.2021, whereas, the final report was filed only on 20.03.2024, which is beyond the period of limitation of one year prescribed as under the Act. He further submitted that the facts of the instant case are similar to the facts of the cases in Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in (2018 2 LW (Crl) 606) and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others (Crl.O.P No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed. Hence, he prayed to quash the summons issued to the petitioners.

¶4Learned Additional Public Prosecutor appearing for the respondent Police submitted the present FIR was registered against the petitioners for the alleged violation of election rules. However, he fairly endorsed the submission of the learned counsel for the petitioners that the facts of the instant case are akin to the facts in the aforesaid two cases.

¶5Having heard the learned counsel appearing on either side and upon perusal of the entire materials available on record, this Court is of the opinion that the above said decisions would apply on all fours to the present case and that no useful purpose will be served by keeping the impugned proceedings pending and the same is liable to be quashed.

¶6Accordingly, this Criminal Original Petition stands allowed and the case in S.T.C.No. 224 of 2025 is hereby quashed as against the petitioners. Consequently, the connected miscellaneous petition is closed.

12.02.2026 Index : Yes/No Speaking/Non Speaking order rpl To

¶1The Judicial Magistrate No.I, Pudukkottai

¶2The Inspector of Police, Panayapatti Police Station, Pudukkottai District.

3.The Public Prosecutor, High Court of Madras, Chennai

A.D.JAGADISH CHANDIRA . J, rpl

12.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2026 CORAM: THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD) No.2254 of 2026 and Crl.M.P.(MD) No.2256 of 2026 1.P.K.Vairamuthu 2.Kasi Kannappan 3.David Palanisamy 4.Pandian 5.Avadithevan 6.Murugesan @ Arjunan ... Petitioners -Vs- 1. State represented by The Inspector of Police, Panayapatti Police Station, Pudukkottai District. Cr.No.54 of 2021. 2.P. Jagathischandraboss Additional Flying Squad I, Team II, 181, Thirumayam Legislative Assembly Constituency, Overseer, Thirumayam Union Office, Pudukkottai. ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S, to call for the records of impugned Charge Sheet in STC.No.224 of 2025 on the file of the learned Judicial Magistrate Court No.I, Pudukkottai and quash the same as illegal as against the petitioners. For Petitioners : Mr.M.J.Ameer Hussain For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor