LAWS(KAR)-2024-4-102

SHASHIKALA Vs. STATE OF KARNATAKA

Decided On April 05, 2024
SHASHIKALA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This Petition seeks quashment of the proceedings initiated vide FIR No.52/2023 registered on 10/5/2023 by Nipani Town Police which has been given CC No. 2990/2023 after taking cognizance for the offences punishable under Sec. 171(E) of IPC 1860 and for the offence punishable under Sec. 123 of Representation of People Act, 1951.

(2.) Learned counsel for the Petitioner vehemently argues that the proceedings are liable to be voided because:

(3.) Learned Addl. SPP appearing for the Respondent - State vehemently opposes the Petition contending that by looking to the entire material of charge Sheet filed by the police after investigation, it cannot be said that the proceedings are unsustainable. If petitioner faces the trial, no prejudice would be caused to her and that the same would do justice to herself and to the public interest. Even otherwise, petitioner can tap the provisions for discharge or the like, at the hands of learned Magistrate himself, instead of pressing this petition. So contending, he seeks dismissal of the Writ Petition.