MANAPPA D. VAJJAL Vs. THE STATE

JUDGEMENT

(1.) Heard Sri Shivanand Pattanshetty, learned counsel for the petitioner and the learned High Court Government Pleader.

(2.) A person by name C.S. Patil, Flying squad 57/1, Lingasugur was appointed as a leader of flying squad to monitor the legislative assembly election of Lingasugur constituency. It is alleged that on 23.04.2013 when the complainant and his squad members had been to junior college field wherein a public function was arranged by the candidate of JD(S), at that time the accused Nos. 1 and 2 were participating in the election campaign on their motorcycles having JD(S) flags on their motorcycles and on that allegations, it is alleged that they have committed the offences punishable under Sec. 171(H) and 188 of Indian Penal Code. On the basis of above said complaint, the police have investigated the matter and submitted the charge -sheet arraigned this petitioner as accused No. 2.

(3.) Learned Magistrate has taken cognizance and ordered to issue summons to the petitioner and in that context, the entire proceedings were challenged before this Court seeking quashing of the entire criminal case.