K SATYA NARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Petition is filed by the Petitioners/Accused Nos. 1 and 2 (For short, 'A-1 and A-2') under Section 482 of Cr.P.C. seeking to quash proceedings in Summary Trial Case No. 47 of 2009, pending on the file of the Court of Additional Judicial Magistrate of First Class at Sanga Reddy, Medak district registered for offence punishable under Section 188 IPC.

(2.) Whereas the petitioners are A-1 and A-2, the Respondent No.2 is the Complainant in the Summary Trial Case. For the sake of convenience, I refer the parties as arrayed in the Summary Trial Case hereafter.

(3.) Basing the prosecution version i.e. on a report given by a constable of Ramachandrapuram police station the case was registered in Crime No. 147 of 2009 on its file in respect of an offence punishable under Section 188 Indian Penal Code on the ground that A-1 being Ex.MLA of Bharatiya Janatha Party along with his associates including A-2 without obtaining any prior permission from concerned authority violated the election code issued in connection with the assembly elections then held by canvassing on National Highway No. 9 in Ramachandrapuram near Nagulamma temple by using bands on 5-4-2009 at 10.30 hours and A-1 and A-2 are liable to be punished for the alleged offence.