PARVEEN AMANULLAH WIFE OF MR. AFZAL AMANULLAH, RESIDENT OF 133 PATLIPUTRA COLONY, PATNA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jitendra Singh, learned Senior Counsel for the petitioner and Dr. Mayanand Jha, learned Additional Public Prosecutor for the State.

(2.) The petitioner has preferred the present application for quashing of the order dated 20th Oct., 2014 passed by the learned Judicial Magistrate 1st Class, Patna City in Khusrupur P.S. Case No. 36 of 2014 corresponding to G.R. No. 953 of 2014 by which the learned Magistrate has summoned the petitioner after taking cognizance of the offence punishable under Sec. 188 of the Indian Penal Code (for short Penal Code ).

(3.) The prosecution case, in brief, as made out from the FIR instituted on the written complaint of one Manoj Kumar, Revenue Karamchari, Khusrupur dated 26th March, 2014 is that a road show was organized by the Aam Aadmi Party on 26th March, 2014 in Khusrupur. The petitioner, being a candidate of Aam Aadmi Party, participated in the said road show which traveled through Station Road, Khusrupur Mirza Toli, Lodipur Gram, Mosimpur and to Bakhtiyarpur. For this road show, no permission had been granted by the senior officer for the use of two-wheeled vehicles. Without mentioning any further violations, it is alleged that as per Sec. 188 of the IPC, the model code of conduct has been violated.