PRATIKBHAI BANSIBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Petition has been preferred by the Petitioner (Original Accused) under Sec. 482 of the Code of Criminal Procedure praying for quashing of the FIR being II - CR No. 147 of 2014 registered with Vijapur Police Station, Mahesana for the offence punishable under Sec. 171(H) of the Indian Penal Code.

(2.) Heard learned Advocate Mr. Vaibhav A. Vyas for the Applicant. He submitted that the present FIR has been lodged against the present Petitioner for an offence under Sec. 171(H) of the IPC. He submitted that the present Petitioner was the President of Vijapur Municipality at the relevant time. When the present FIR came to be lodged, the elections for Loksabha were being conducted and the present Applicant was not a candidate in the said election, and therefore, the offence punishable under Sec. 171(H) of IPC is not made out against the present Petitioner. He further submitted that the said advertisement was given by the father of the petitioner with an intention to project the good work done by the present Petitioner as President of the Vijapur Municipality. The present Petitioner was not aware about the said advertisement being published by his father, and therefore, there was no intention on part of the present petitioner of commission of any offence. He submitted that the Petitioner is not associated with any political party, and therefore, there was no question of the Petitioner having got the said advertisement published to help any political party in the elections. He therefore submitted to allow the present Application and quash and set aside the aforesaid FIR.

(3.) The Application is opposed by learned APP Ms. Krina Calla. She submitted that the offence punishable under Sec. 171(H) of IPC does not require the person committing offence to contest the election in question. She submitted that upon perusal of the said Sec. , the ingredients for the said offence are clearly made out against the present Petitioner. She therefore submitted to dismiss the present Petition.