ANIL ANNASAHEB PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor for the respondent-State and perused the records.

(2.) The factual matrix of the case that enumerated from the records are that the Election Officer, Gokak, on 02.05.2008 filed complaint before the Police Sub-Inspector, Gokak Town Police Station, alleging that near Byali Kata, Gokak in NSF compound, huge public had gathered and violating the code of conduct of election, have arranged lunch, dinner etc and based on the said compliant, the PSI, Gokak Town Police, has requested the learned JMFC, Gokak, to investigate the matter on 02.05.2008. A case came to be registered against the petitioners in Gokak (T)PS Cr.No.125/2008 and charge-sheet came to be filed and a case came to be registered in CC No.1626/2011 for the offence under Section 133 of the Representation of People Act, 1951 (hereinafter referred to as the 'RP Act ', for short).

(3.) The main contention of the learned counsel is that, the police have no jurisdiction to investigate without taking permission of the judicial Magistrate as contemplated under Section 155(2) of Cr.P.C.