HANMAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

(2.) This petition is filed under Sec. 482 of Cr.P.C., praying this Court to quash the order of the Civil Judge and JMFC, Muddebihal, dated 13.07.2018 passed in C.C.No.167/2018 (Crime No.107/2018 of Muddebihal Police Station) taking cognizance against the petitioners for the offences punishable under Sec. 171H of IPC and Sec. 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 (for short 'the Act').

(3.) Factual matrix of the case is that the complaint is lodged by one Basavaraj stating that he was deputed for election duty on the eve of assembly elections during the year 2018. He was performing flying squad duty in Muddebihal Assembly constituency along with other officials by forming six teams on 20.04.2018. It is also alleged that a candidate belonging to Indian National Congress had come to Tahsildar office, Muddebihal, for filing nomination papers and some vehicles had accompanied him to Tahsildar's office displaying stickers containing symbol and flag of Indian National Congress. It is further alleged that he along with his team members inspected the said vehicles and noticed that stickers displaying palm symbol of Indian National Congress was displayed on the motorcycle and flags of Indian National Congress were tied to Bolero vehicle and Tata Ace vehicle. It is also alleged that the same was done without any permission and they have violated the Election Code of Conduct. Hence, the case has been registered, the police have investigated the matter and filed charge sheet.