PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioners/accused Nos. 1 and 2 under Section 482 of Cr.P.C., seeking to quash the entire criminal proceedings in C.C.No.1172/2018 pending on the file of the Addl. Civil Judge and JMFC, Jamakhandi for the offences punishable under section 171(H) of the Indian Penal Code (hereinafter referred to as ' IPC ' for short) r/w Sections 127-A , 133 of the Representation of People Act (hereinafter referred to as "R.P.Act" for short).

(2.) I have heard the learned counsel for petitioners/accused persons and the learned High Court Government Pleader for respondent/state.

(3.) The genesis of the complaint is that the complainant, who was appointed as a sector officer for the Jamakhandi Assembly elections, along with his staff was on patrolling in a government vehicle bearing No.KA-48/M-7390. On 11.05.2018 at about 12.30 a.m., when he and his staff came near Ambiger Choudayya Temple of Maigur village, which falls in between Jamakhandi-Maigur side, they found a Bolero vehicle bearing No.KA-23/N-1432 standing at Maigur side. On verification of the said vehicle, they found some photos, pamphlets, symbol and envelops of Sangamesh Nirani kept in it. On enquiring with accused No.1, who was the driver of the said vehicle as to whether he is having any permission from the authority, he replied that he is not having any permission for canvassing and he ran away from the spot. Further, they found one motorcycle bearing No.KA-28/E-2160, which was parked near the said Bolero vehicle and on inspecting it, they found some pamphlets of Sangamesh Nirani in the side-bag of the motorcycle and also a flag of Sangamesh Nirani put on the said motorcycle. On enquiring with accused No.2, he replied that he is not having permission and thus, both accused No.1 and 2 have violated Election Code of Conduct. Accordingly, a complaint has been filed and case has been registered against the petitioners/accused persons.