VEERESH S/O SIDRAM HIREMATH Vs. STATE

JUDGEMENT

(1.) The present second respondent in his capacity as the Head of the Flying Squad Team, Jewargi has lodged a complaint before the respondent - police on 12.05.2018.

(2.) The summary of the said complaint is that on the said day of 12.05.2018 in the midnight at about 2.30 a.m. when he was on patrolling duty in connection with Assembly Elections in the State, noticed the present petitioner standing near the Government Urdu School in the town of Jewargi. The complainant enquired him about his identity and checked him, when he noticed that the petitioner was in possession of cash of Rs.52,050/- without any documentation supporting to the possession of the said cash. The complainant drew an inference that it is violation of the election guidelines and that he was possessing the said cash to distribute the same to the voters. As such, he summoned two panchas and drew a panchanama by seizing the said cash and brought the accused/petitioner along with cash and also panchanama to the jurisdictional police and lodged the complaint. The said complaint was registered before the respondent - Police Station in Crime No.135/2018 for the offences punishable under Sections 171C, 171F and 188 of the Indian Penal Code (hereinafter for brevity referred to as 'IPC') and under Section 123 of Representation of People Act (hereinafter for brevity referred to as 'RP Act').

(3.) The complainant - Police are said to have filed the charge sheet against the petitioner for the alleged offences. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter for brevity referred to as 'Cr.P.C.') seeking quashing of the said criminal case against him.