RAHEEM KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 Crimial P.C. to quash the impugned order dated 19.01.2019 and further proceedings pursuant to it in C.C.No.15/2019 pending on the file of Prl. Chief Judicial Magistrate, Bidar, for the offences punishable under Sec. 123(3) of Representation of People Act. In the case on hand, the records would disclose that the initially the case was registered for the offences punishable under Sec. 123(3) of Representative of People Act and after investigation the charge sheet is filed for the offences punishable under Sec. 123 (3) of the along with Sections 171(C), 171(F) and Sec. 188 of IPC.

(2.) The facts leading to this petition are that on the basis of the complaint filed by Avinash Government Official during legislative assembly elections filed a complaint stating that he was appointed as a Nodal Officer to monitor and supervise that election code of conduct is not violated. On 30.04.2018 afternoon at about 1:00 p.m. there was a meeting held by the Congress party. The candidate of the Congress party has given speech with an intention to disturb communal harmony among Hindu and Muslim communities. The speech made by the Congress candidate was with sole intention to commit breach of public peace, by creating difference of opinion among Hindu and Muslim community.

(3.) On the basis of the said complaint, the PSI of town police station Bidar has registered a case in Crime No.51/2018 under Sec. 123(3) of representation of People Act. After conducting investigation, the police have filed a charge sheet for the offences punishable under Sections 171(C), 171(F) and Sec. 188 of Penal Code read with Sec. 123(3) of Representation of People Act. In pursuance of the charge sheet filed, the learned Magistrate has passed the order for taking cognizance of the aforesaid offences. The impugned order and further proceedings in C.C.No.15/2019 are challenged by the petitioner.