MOHD. RASHID KHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed on behalf of the applicant, namely, Mohd. Rashid Khan with a prayer to quash the impugned charge sheet dtd. 20/11/2017 alongwith impugned cognizance/summoning order dtd. 26/2/2019 passed by learned Additional Chief Judicial Magistrate-Ist, Faizabad in Case No.551 of 2019 (State Vs. Mohd. Rashid Khan), arising out of Case Crime No.0395 of 2017, under Ss. 171 H and 188 of I.P.C., Police Station Cantt., District Faizabad as well as to quash the entire criminal proceedings in pursuance thereof.

(3.) Learned counsel for the applicant submitted that the applicant was contesting on the post of Councilor in Urban Local Bodies Election, 2017. During that period on 17/11/2017, an F.I.R. was lodged by the opposite party no.2, namely, Sub Inspector Sri Avnish Kumar Chauhan, the then Chowki In-charge Sahadatganj, Police Station Cantt., District Ayodhya/Faizabad against the applicant alleging therein that one poster was put on a pole situated in front of house of Ashok Jaiswal. Further allegation in the F.I.R. was that the applicant was a candidate from Ward No.21 i.e. Sardar Bhagat Singh Ward and the aforesaid act of the applicant is an offence under Sec. 171 H / 188 of I.P.C.