VIJAYKUMAR 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.29/2022, for the offences punishable under Sec. 3 of the Karnataka Open Place (Prevention of Disfigurement) Act, 1951 and 1981 (for short "the Act") and Ss. 269 and 171-F of IPC, so far as petitioner is concerned.

(2.) It is the case of the petitioner that a charge sheet came to be filed against petitioner and others alleging that on 27/10/2021, though petitioner and other accused persons were permitted to gather 1,000 people for campaigning of nominee of Congress party at Hanagal Stadium, in between 2:30 pm to 6:50 pm, they gathered around 15,000 to 20,000 people and also displayed the flags of Congress party and thereby violated the instructions of central election commission and standard operating procedure for Covid-19 and thereby committed offences punishable under Sec. 269 and 171-F of IPC and Sec. 3 of the Act.

(3.) During the course of arguments, the learned counsel representing the petitioner submitted that the provisions of the Act are not at all applicable to Hanagal city and therefore the complaint with regard to Sec. 3 of the Act is liable to be quashed. He would also submit that, so far as the provisions of 269 of IPC is concerned, in absence of placing material on record that any one of the persons gathered was suffering from Covid-19, the said provision is not attracted. He would further submit that if these two offences are removed from the charge sheet, then Sec. 171-F 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.