SHIVANAGOUDA NAYAK Vs. STATE

JUDGEMENT

(1.) This petition is coming on for admission. With the consent of both the learned counsel appearing on both side, this petition is taken up for final disposal at the stage of admission.

(2.) This petition is filed under Section 482 of Cr.P.C. for quashing the proceedings in C.C.No.490/2018 arising out of Crime No.247/2018 of Devadurga Police Station for the offences punishable under Sections 171(h), 186, 188 of IPC.

(3.) The facts leading to this petition are that on the basis of the complaint filed by one Sri. Sateesh, Motor Vehicle Inspector who was on election duty at Raichur, the respondent Police have registered the case. The allegations are that on 24.04.2018 when the complainant who was an election duty was on patrolling duty to monitor the elections morning at about 10.00 a.m. Several persons came in vehicles by holding BJP flags. When the Election Officer and other police officials stopped the said vehicles, the petitioner who was candidate for election came to the spot and advised or instructed the complainant to leave the vehicles in order to facilitate the old age persons. When the complainant informed the petitioner that they are discharging their duties. The petitioner warned the complainant not to disturb their BJP party workers, thereby they have caused obstruction to discharge of duty by the complainant and other Government officials who were on election duty.