(Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in STC No.2710 of 2024 on the file of the Judicial Magistrate, Tenkasi and quash the same as against the petitioner alone.)

The present Criminal Original Petition has been filed by the second accused in STC No.2710 of 2024 on the file of the Judicial Magistrate, Tenkasi, seeking to quash the charge sheet, wherein, the petitioner is charged with the offence under Section 293 of BNS, 2023.

2. A perusal of the charge sheet reveals that A1 and A2 have driven a two wheeler in a rash and negligent manner, causing nuisance to general public and the public transport.

3. According to the learned counsel appearing for the petitioner, only A1 was riding the motor bike and there was no specific allegation as against the second accused, who is the petitioner herein. He further submitted that only when the offence is repeated after an order of injunction by the concerned police authorities, the provision of Section 293 of BNS could be invoked. He also relied upon the decision of this Court in Crl.O.P(MD) No. 13470 of 2024, dated 30.09.2024 between (Ravikumar Vs. The Inspector of Police, Puliampatti Police Station, Thoothukudi District and another) wherein, this Court had an occasion to consider the pari materia provision under Section 291 of Cr.P.C.

4. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

5. Section 293 of BNS is extracted as follows:

               “Section 293: Continuance of nuisance after injunction to discontinue.- Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand repees or with both.”

6. A reading of the above said provision makes it clear that only if the public nuisance continues or it is repeated despite an order by a lawful authority, he shall be punished with simple imprisonment for a term which may extend to six months.

7. In the present case, there is no allegation whatsoever as against the petitioner that a warning was issued by the concerned authorities and despite said warnings, the petitioner had repeated the offence. In such circumstances, the judgment of this Court rendered in Crl.O.P(MD) No.13470 of 2024, dated 30.09.2024 between (Ravikumar Vs. The Inspector of Police, Puliampatti Police Station, Thoothukudi District and another) is squarely applicable to the facts of the present case.

8. In view of the above said facts, the continuation of criminal proceeding as against the petitioner would only be an abuse of process of law. Therefore, S.T.C.No.2710 of 2024 on the file of the Judicial Magistrate, Tenkasi, is hereby quashed, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed.