KOTA PURUSHOTHAM Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal petition has been preferred under Sec. 482 of the Criminal Procedure Code (for short "Cr.P.C.") seeking quashment of all further proceedings in C.C.No.360 of 2011 on the file of the Court of the IV Additional District Munsif Magistrate, Chittoor Town, Chittoor District.

(2.) During MLC election of Graduate Constituency of Chittoor in the year 2011, the petitioner allegedly pasted election poster on the compound wall of the office of the Revenue Divisional Officer at Chittoor. Against the said illegal act of the petitioner or his agent, the Revenue Divisional Officer, Chittoor presented an information to the Station House Officer, Chittoor I Town Police Station on 4/3/2011 alleging violation of model code of conduct by the petitioner, and consequently, liable for punishment. According to the information given by the Revenue Divisional Officer, the petitioner affixed wall poster meant for his election campaign on the compound walls of office of Revenue Divisional Officer and Sub-Divisional Magistrate, Chittoor and also on the compound walls of Zilla Grandhalaya Samstha, Chittoor, and thus he has violated the model code of conduct. Although the Revenue Divisional Officer has not mentioned as to the provision of law which was violated by the petitioner, the concerned police registered the F.I.R. for alleged violation of Ss. 3 and 4 of the Andhra Pradesh Prevention of the Disfigurements of Open Places and Prohibition of obscene and objectionable posters and Advertisement Act, 1997 (for short "the Act No.28 of 1997")

(3.) It is contended that the provisions of the Act No.28 of 1997 would attract an offence when an advertisement is made contrary to the provisions of the Act No.28 of 1997. Affixing of election poster is not an advertisement and therefore, the offence under the Act No.28 of 1997 is not attracted. It is also argued that the complaint is not presented in accordance with law. Therefore, on these grounds, the F.I.R. deserves to be quashed.