ASHWAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.3 for quashing the criminal proceedings in CC No.4094/2023 arising out of Crime No.54/2023 of Chittapur Police Station, Kalaburagi district based on the PC No.4/2023 and charge sheeted for the offences punishable under Ss. 188 read with Sec. 149 of IPC.

(2.) Heard learned counsel for the petitioner and learned High Court Government Pleader for the State.

(3.) The case of the prosecution is that the police said to have received the first information from Flying Squad of Assembly Election of Karnataka, where there was said to be a violation of Model Code of Conduct by the petitioner and others by assembling in a office, from about 10:00 p.m. on 18/4/2023 and till morning of 19/4/2023 and they said to have held the meeting of about 40 to 50 persons. Thereby, they have violated the Model Code of Conduct and committed the offence punishable under Sec. 188 read with 149 of IPC. The complainant came before the police and the police said to have instructed the defacto-complaint to file a private complaint before the learned Magistrate. Accordingly, the private complaint was lodged by the complainant on 19/4/2023 and the learned Magistrate passed an order holding that the offence alleged was non cognizable offence. Therefore, granted permission to investigate the matter under Sec. 155(2) of Cr.P.C. Subsequently, the police registered the FIR and filed the charge sheet, which is under challenge.