SHIVARAJ TANGADAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused Nos.1 and 2 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C. No.118/2021 registered by Hunsuru Town Police, Mysuru District and charged sheeted of the offences punishable under Ss. 123(3) Representation of People Act, 1951 and 1988 (hereinafter referred to as RP Act) and Ss. 171C , 171F and 188 of IPC , pending on the file of Principal Senior Civil Judge and JMFC, Hunsur, Mysuru District.

(2.) Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1-State. Respondent No.2 is served.

(3.) The case of the prosecution is that on the complaint of the election observer, filed on 29/11/2019, the respondent-police registered the case against the petitioners-accused Nos.1 and 2. It is alleged in the complaint that accused No.2 obtained permission for meeting as per the guidelines issued by Election Commission of India, but he has violated the code of conduct of the election on 11/11/2019. It is further alleged that accused No.1 while addressing the gathering, spoke that the Bhovi Community people to take active part in electing Congress candidate Sri H.P. Manjunath and thereby, he has violated the code of conduct and addressed the gather in violation of the offence punishable under Sec. 123(3) of RP Act, 1951. After registering FIR, the police filed charge sheet, which is under challenge.