(1.) This petition is filed by the petitioner-accused under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.3944/2019 arising out of Crime No.56/2019 registered by the Hassan City Police Station, Hassan for the offence punishable under Sec. 188 of the Indian Penal Code, 1860 (for short 'IPC') and Sec. 126 of Representation of People of Act, 1950 (for short 'R.P. Act'), pending on the file of Prl. Civil Judge and JMFC, Hassan.
(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondents.
(3.) The case of the prosecution is that the complainant- Balakrishna G.M., who is said to be the flying squad of the election was appointed for monitoring the violation of election rules at Lok Sabha M.P. elections, deputed to the Hassan Constituency has filed a complaint alleging that on 17/4/2019, the complainant came to know that the petitioner who is said be the BJP Lok Sabha candidate for Hassan constituency said to be conducted press meet at Mallige Hotel, Hassan. In spite of imposing curfew under Sec. 144 of Cr.P.C., the petitioner by violating the order has said to be conducted the press meet and thereby violated the promulgation of the Authority which is punishable under Sec. 188 of IPC and 126 of R.P. Act. The Police after registering the FIR filed the charge-sheet, which is under challenge.