Karnataka High Court
Sri.Nagappa Saloni vs The State Of Karnataka on 24 October, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:42811
CRL.P No. 9561 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9561 OF 2024
BETWEEN:
SRI NAGAPPA SALONI
S/O BHEEMAPPA SALONI
AGED ABOUT 68 YEARS
R/O WARD NO. 4
SALONI STREET, AT KARATAGI
DISTRICT KOPPAL - 583 229.
...PETITIONER
(BY SRI CHANDRASHEKHAR CHANNABASAPPA CHANASPUR,
ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE POLICE INSPECTOR
KARATAGI POLICE STATION
AT KARATAGI, TQ: KARATAGI
Digitally signed by
KAVYA G DISTRICT KOPPAL - 583 229
Location: High REPRESENTED BY SPP
Court of Karnataka
HIGH COURT BUILDING
BENGALURU - 560 001.
2. FLYING SQARD - 02
61-KANAKAGIRI ASSEMBLY CONSTITUENCY
AND SECHEDULE TRIBE DEVELOPMENT OFFICER
GANGAVATHI, TQ: GANGAVATHI
KOPPAL DISTRICT - 583 227.
...RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL. SPP)
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NC: 2024:KHC:42811
CRL.P No. 9561 of 2024
THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528
BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.2532/2024 FOR THE OFFENCE P/US/ 171-G OF IPC, ON
THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT,
GANGAVATHI, PRESENTLY CIVIL JUDGE AND JMFC, KARATAGI
(ITINERARY COURT KARATAGI) AT KARATAGI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question proceedings in C.C.No.2532/2024, pending before the Principal Civil Judge and JMFC Court, Gangavathi, presently Civil Judge and JMFC, Karatagi (itinerary Court Karatagi), at Karatagi, registered for offence punishable under Section 171G of the IPC.
2. The issue in the petition is akin to what is decided by this Court in Crl.P.No.4917/2024, disposed on 29.08.2024, wherein this Court has examined the issue and offence alleged against the petitioner therein. While so examining, this Court has held as follows:
"3. A complaint comes to be registered on 30.04.2024 alleging that on 18.04.2024 when the candidate was conducting a march to filing the -3- NC: 2024:KHC:42811 CRL.P No. 9561 of 2024 nomination for the Lok Sabha elections between 2.00 p.m. and 3.00 p.m., a speech is made by the petitioner against one Mr.Shivanand Patil, alleging that it amounted to character assassination, the complaint comes to be registered by the Election Officer alleging the aforesaid offences.
4. The registration of the crime has driven the petitioner to this Court in the subject petition. The issue would be whether the offence alleged under Section 171G of the IPC is met in the case at hand. Section 171G of the IPC reads as follows:
"171G. False statement in connection with an election.--Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine."
Section 171G of the IPC directs that whoever with an intent to affect the result of an election, makes or publishes any statement purporting to be a statement of fact which is false would become punishable.
5. The further mandate of Section 171G of the IPC is that false statement should be made of character or conduct of any candidate, who is contesting in the election. In the case at hand, the petitioner has allegedly spoken about the character of one Mr.Shivanand Patil. It is an admitted fact that the said person against whom the petitioner had spoken was not a candidate for the elections then. Therefore, Section 171G of the IPC would not be met. Though Section 171G of the IPC would spring into action not by a candidate but by whoever would make any statement, which would famish the personal character or conduct of any candidate, it need not be another candidate in the election. In the case at hand, since the petitioner had made certain statements about one Mr.Shivanand Patil, who was not the candidate who was contesting for election, Section 171G of the IPC would not be met.
-4-NC: 2024:KHC:42811 CRL.P No. 9561 of 2024 The same goes with Section 123(4) of the Representation of People Act, 1951 and 1988.
6. In the light of the ingredient of the offence under Section 171G of the IPC not being met, permitting further investigation even in the case at hand would become an abuse of process of law and result in miscarriage of justice. The petition thus deserves to succeed with an observation that the finding herein would not become applicable or come in the way of any other proceedings pending between the parties before any other fora."
The aforesaid order passed by this Court would cover the case at hand on all its fours. Therefore, in the light of the order passed by this Court supra, the following:
ORDER i. The Criminal Petition is allowed.
ii. The proceedings in C.C.No.2532/2024 pending before the Principal Civil Judge and JMFC Court, Gangavathi, presently Civil Judge and JMFC, Karatagi (itinerary Court Karatagi), at Karatagi, stand quashed.
Sd/-
(M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 2 CT:SS