RAMESH Vs. STATE THROUGH, SINDAGI POLICE STATION

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of Code of Criminal Procedure (for short, 'Cr.P.C') for quashing the proceedings in C.C.No.209/2019 arising out of Crime No.117/2018 of Sindagi Police Station, Vijayapur District on the file of Senior Civil Judge and JMFC Court, Sindagi registered for the offences punishable under Section 127A(a)(b) of Representation of the People Act, 1951 (for short, 'R.P.Act').

(2.) The factual matrix leading to the case are that the complainant-Aravind Amogi Anjutagi, AEE, KBJNL, Rampur (PA), was working as a Flying Squad No.3. That, on 05.05.2018 at about 2.00 p.m. near Kokatnur bus stop the complainant has received a message that 4-5 supporters and followers of the petitioner at the instruction of petitioner, were circulating the model ballet paper, wherein the serial numbers of the candidates were intentionally misprinted and was being circulated among the people in order to create a confusion among them. When the complainant rushed to the spot, the followers of the petitioner ran away by throwing the ballet papers at the spot and they were seized and this case came to be registered. Thereafter, the Investigating Officer after investigation submitted the charge-sheet. The Investigating Officer has also sought a permission from the learned Magistrate to proceed with the investigation and the learned Magistrate simply endorsed on the application submitted by the Investigating Officer, as 'permitted' without passing any speaking order. Hence, the petitioner has challenged the proceedings initiated against him before this Court.

(3.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent/State at length. Perused the records.