ABUBAKKAR SHITHIK Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the Final Report for the alleged offence under Sec. 127 (A) 4 of the Representation of People Act, 1951.

(2.) It is alleged in the Final Report that the petitioner violated the orders of the Election Commission and had affixed notices on the Walls of the Houses on two streets in Chennai. The learned counsel for the petitioner submitted that the impugned Final Report is liable to be quashed on the short ground that the respondent Police has no jurisdiction to investigate and file a Final Report in respect of the alleged offence as it is a non cognizable offence. The punishment prescribed for the said offence is six months, and the Schedule II appended to the Code of Criminal Procedure makes it clear that the offence is non cognizable. The learned counsel relied upon the judgment of the Karnataka High Court in Sri. H.D.Kumaraswamy v. State by Garag Police Garaga, Dharwad District and others, made in Criminal Petition No. 100535 of 2017 dtd. 23/3/2017.

(3.) The learned Government Advocate (Criminal Side) fairly submitted that the alleged offence is a non congnizable offence.