KANDOJI PIROJI BOSALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition filed under Sec. 482 of Cr.P.C, petitioner who is arraigned as accused is seeking quashing of the criminal proceedings initiated against him in C.C.No.355/2022, for the offences punishable under Ss. 171-H and 269 of IPC, so far as petitioner is concerned.

(2.) It is the case of the petitioner that a charge sheet came to be filed alleging that on 16/10/2021, petitioner and others were permitted to campaign on behalf of Congress party at Hiruru of Hanagal Taluk for the Hanagal by election to the Legislative Assembly. However, violating the terms of the permission, at 2:00 pm, they he had gathered around 1,200 to 1,500 people and went in possession in the village and thereby committed offences punishable under Sec. 269 and 171-H of IPC.

(3.) During the course of arguments, the learned counsel representing the petitioner submitted that in absence of placing material on record that any one of the persons gathered was suffering from Covid-19, the provisions of 269 of IPC the said provision is not attracted. He would further submit that if this Sec. is removed from the charge sheet, then Sec. 171-H is left which is non-cognizable offence and without obtaining permission from the jurisdictional magistrate, the investigation could not have been continued and therefore petitioner is entitled for discharge for this offence also.