RAVELA KISHORE BABU Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal petition, under Sec. 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to quash the proceedings in C.C. No.316 of 2014, on the file of VI Additional Judicial Magistrate of First Class, Guntur, in Cr.No.84 of 2014 of Prathipadu Police Station, Guntur Urban District, registered for the offence punishable under Sections 171-F and 188 of Indian Penal Code, 1860 (for short, 'I.P.C.') against the petitioner.

(2.) It is the case of the prosecution that the petitioner herein is a TDP contesting candidate from Prathipadu Constituency for the election 2014, which were scheduled to be held on 07.05.2014. The Election Officer promulgated an order during election, prohibiting to hold meetings in devotional places like temples and churches.

(3.) On 01.05.2014 at about 9.45 PM the petitioner visited the premises of the Thurupupalem Church and delivered a speech to influence at the campaign, which is rendered an object of divine displeasure of spiritual censure and he uttered some favours on caste basis. The same is witnessed by L.Ws.2 and 3. Thus, the petitioner allegedly committed the above offences. On the basis of news item published in news paper, VRO-II, Prathipadu Village, gave complaint and on the strength of the same registered a crime.