BHOOP KISHOR SAINI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned AGA for the State and perused the record.

(2.) This Application has been filed under Section 482 Cr.P.C. for quashing the entire proceeding of Complaint Case No.6161 of 2018 (State vs. Bhoop Kishor & another), under Sections 188, 171 IPC and 127 Representation of the People Act, P.S. Kotwali, District Rampur, pending in the court of Chief Judicial Magistrate, Moradabad.

(3.) As per complaint (Annexure-1 of the application) in sequence of General Vidhan Sabha Election-2017, orders for Model Code of Conduct and Section 144 Cr.P.C. were promulgated and during the effect of the above orders, on 12.2.2017 at about 10:15 a.m., accused Bhoop Kishor Saini (Shiv Sena Candidate) and Vishal Sharma along with 40-50 motorcycles and 10-15 cars came to Imperial Trivium (Tiraha) Crossing by holding a roadshow where Sub Inspector-Pramod Kumar Sharma, on duty, and employees demanded permission of roadshow, which they could not show it, thus, they committed offence u/s 188 IPC. The procession was dispersed by the police and by registering Case Crime No.97/17, u/s 188/171H of IPC and 127 Representation of the People Act, matter was investigated and prima facie case was found against the accused-applicants. Names and addresses of the other accused persons could not be traced. According to Section 195 (1) Cr.P.C., a complaint should be filed by the competent officer in the matter, therefore, a complaint was filed. As per FIR, Annexure-2 of the application, Case Crime No.0097/2017, under Sections 188/171-H IPC and 127 Representation of the People Act, was registered against the applicants to the same aspect.