L.S. TEJASVI SURYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned High Court Government Pleader accepts notice for the respondents.

(2.) Petitioner has sought for quashing of the proceedings pursuant to F.I.R. No. 51/2019. Petitioner has also sought for quashing of the charge sheet dtd. 2/7/2019 and also for quashing the entire proceedings arising out of C.C. No. 3077/2020 pending before the II Additional Chief Metropolitan Magistrate, Bangalore.

(3.) The petitioner submits that pursuant to the information made out by a counsel to the 2nd respondent on 17/4/2019, the 2nd respondent filed a complaint before the 1st respondent on the same day. The allegation made out was that one Sri. Narayanappa had got printed about 2000 copies of pamphlets on behalf of the petitioner herein who was the BJP candidate and distributed the same without mentioning name and address of the printer and publisher and accordingly, committed offence under Sec. 127A of the Representation of People Act, 1951 (for short 'the Act') and action was sought for as regards the said offence. It is submitted that information was then made out to the Magistrate as per Annexure-C requesting for permission to commence investigation. On the basis of written requisition at Annexure-C, Magistrate has endorsed the word 'permitted'.