Dr.Ajay Singh S/O Dharmsingh vs State Of Karnataka on 18 August, 2015

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Karnataka High Court

Dr.Ajay Singh S/O Dharmsingh vs State Of Karnataka on 18 August, 2015

Bench: A.V.Chandrashekara

                            1


         IN THE HIGH COURT OF KARNATAKA

                 KALABURAGI BENCH

    DATED THIS THE 18TH DAY OF AUGUST, 2015

                        BEFORE

 THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

        CRIMINAL PETITION NO.200676/2015

BETWEEN:

Dr. Ajay Singh
S/o Dharmsingh
Age: 40 years,
Occ: Elected Congress (I)
Candidate Vidhan Sabha
Assembly South
R/o: N.V. Ground, Kalaburagi.
                                    ... Petitioner

(By Smt. Sharada R. Patil, Advocate)

AND:

State of Karnataka
Through University Police Station,
Kalaburagi

                                    ... Respondent

(By Sri: Prakash Yeli, Addl. SPP)
                             2


      This Criminal Petition is filed under Section 482 of
Cr.P.C. Praying to allow this petition and quash the
entire proceedings in CC No.3647/2010 before the III
Addl. Judge, JMFC Kalaburagi in Crime No.235/2010 of
University Police Station.

     This petition coming on for orders this day, the
Court made the following:

                       ORDER

The present petition is filed under Section 482 of Cr.P.C. requesting this Court to quash the entire proceedings in Crime No.235/2010 registered by on the file of the University Police Station. The offence alleged against this petitioner is punishable under Section 171(H) of Representation of Peoples Act, 1951. The present petitioner is accused No.1 in the said case. Entire investigation has been completed and charge sheet has been filed for the offence punishable under Section 171(H) of IPC. It is alleged that certain pamphlets had been circulated on behalf of this petitioner by accused No.2 and the same was printed 3 contrary to the model code of conduct relating to the General Elections held. It is alleged that no permission had been obtained by this petitioner or by accused No.2 to get the election pamphlets printed. This petitioner had contested the general elections held to the Karnataka State Legislative Assembly from Jewargi constituency as a candidate of Indian Nation Congress.

2. The punishment contemplated for the offence punishable under Section 171(H) of IPC is only Rs.500/- as fine. Admittedly, it is a non-cognizable offence. The records do not disclose that the police had taken permission from the jurisdictional JMFC under Section 155(2) of Cr.P.C. to conduct investigation.

"Section 155(2) of Cr.P.C. mandates that no police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial".

3. In the light of no permission being obtained by the police from the jurisdictional Magistrate to conduct investigation, the proceedings initiated against this petitioner do not have any legal authority and accordingly petition is liable to be allowed.

ORDER The petition is allowed and the proceedings initiated against this petition in Crime No.235/2010 on the file of the University Police Station, Gulbarga, for the offence punishable under Section 171(H) of IPC stands quashed.

Sd/-

JUDGE msr

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