MUNIRATHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for three major reliefs in this writ petition. Firstly, to quash the charge sheet in CC No.14107/2013, secondly, to quash the order dated 10.02.2015 passed by the learned III Additional Chief Metropolitan Magistrate at Bengaluru (henceforth for brevity referred to as "the trial Court") in CC No.14107/2013 (Annexure-J) and thirdly to quash the order dated 09.09.2015 passed by the learned LVIII Additional City Civil and Sessions Judge (CCH-59), Bengaluru in Crl.RP No.148/2015.

(2.) From a perusal of the material placed before this Court, it can be seen that the present petitioner is accused in CC No.14107/2013 pending before the trial Court. The charge sheet has been filed against him for the offences punishable under Section 127 of the Representation of the People Act,1950 (henceforth for brevity referred to as "the R.P.Act") r/w Section 171H of Indian Penal Code, 1908 (henceforth for brevity referred to as "IPC"). The said charge sheet is a result of the complaint filed by the second respondent herein in his capacity as M.C.C Flying Squad Member constituted by the Election Commission during the period when the calendar of events for the Karnataka Assembly election for 2013 was in force.

(3.) The petitioner is said to be a successful candidate from the Rajarajeshwari Assembly Constituency, Bengaluru District, Karnataka State. The complaint in Crime No.117/2013 indicates that the petitioner herein accompanied by more than 1750 2000 persons along with vehicles of different model and make, took a procession on 17.04.2013 to the office of the Election Commission for the purpose of filing his nomination form.