K. DEVADAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The 2nd respondent filed a private complaint under Sec. 200 of Cr.PC alleging that the petitioner - accused has not disclosed certain information in the nomination papers filed by him for contesting to the election for the post of Corporator. The learned Magistrate referred the complaint to the police for investigation under Sec. 156(3) of Cr.PC. The police registered the FIR for the offences punishable under Sec. 125-A of IPC and Sec. 199 , 171G of Representation of People Act. Taking exception to the same, this petition is filed.

(2.) The learned counsel appearing for the petitioner submits that the provisions of Representation of People Act , 1950 is not applicable to the elections conducted under the provisions of the Karnataka Municipal Corporation Act and as such, the registration of FIR for the offence punishable under Sec. 125-A of IPC is one without authority of law. He further submits that the complaint is not filed by the authorized officer and as such, the complaint filed by the 2nd respondent for the offence punishable under Sec. 199 of Representation of People Act is not maintainable.

(3.) On the other hand, learned counsel appearing for the 2nd respondent and the learned High Court Government Pleader appearing for the 1st respondent - State submit that the petitioner having not disclosed pendency of criminal case against him has committed the offence punishable under Sec. 125A of IPC. Hence, the registration of FIR is in accordance with law and the same does not warrant any interference.