Karnataka High Court
Mr. Bharadvaj S/O Subbarao vs State Of Karnataka on 14 March, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100715 OF 2022
BETWEEN:
1. MR. BHARADVAJ S/O SUBBARAO
AGE. 76 YEARS,
R/O. GUNDAMMA CAMP
GANGAVATHI, KOPPAL
KARNATAKA-583227
2. CLIFTON D ROZARIO S/O PERCY D ROZARIO
AGE. 46 YEARS,
R/O. 4HT FLOOR,
SHASHISTA MANZIL,
9/1, 4TH CROSS,
NISSAN HUTS, AUSTIN TOWN
BENGALURU-560047
3. BABAR S/O MABUSAB
AGE. 37 YEARS,
RESIDING AT HRS COLONY
GANGAVATHI KOPPAL
KARNATAKA-583227
4. RENUKA D/O RAMESH TARLEKATTI
AGE. 34 YEARS,
RESIDING AT AMBEDKAR NAGAR
GANGAVATHI KOPPAL
KARNATAKA-583227
2
5. KAVITA D/O VEERESH GANGAPA
AGE. 33 YEARS,
RESIDING AT AMAR BHAGAT SINGH NAGAR,
GANGAVATHI KOPPAL
KARNATAKA-583227
6. MAYAMMA D/O HANUMANTHAPPA
AGE. 42 YEARS,
RESIDING AT 27TH WARD,
HRS COLONY,
GANGAVATHI KOPPAL
KARNATAKA-583227
...PETITIONERS
(BY SRI. RAKESH M BILKI.,ADVOCATE)
AND:
STATE OF KARNATAKA
BY GANGAVATI TOWN POLICE STATION
THROUGH SPP HIGH COURT OF KARNATAKA
DHARWAD.
...RESPONDENT
(BY SRI RAMESH CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE CHARGE SHEET IN CRIME NO.60/2019,
THE ORDER DATED 04.07.2019 TAKING COGNIZANCE FOR THE
OFFENCE U/S 171-H OF IPC AGAINST THE PETITIONERS AND
ALL FURTHER PROCEEDINGS IN CC NO.1017/2019 PENDING ON
THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI,
FOR THE OFFENCE PUNISHABLE U/S 171-H OF IPC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
3
ORDER
The first information report was lodged against the petitioner alleging that on 31.03.2019 at about 6:30 pm, videos surfaced in WhatsApp and Facebook account about a meeting held by the petitioners where they released the manifesto of their party at Kranthi Bhavan, near Gangavati Bus Stand, without prior permission of the Election Commissioner, so as to conceal election expenditure. The police after investigation filed the charge sheet alleging that the petitioners so as to conceal the election expenditure conducted the meeting without obtaining the prior permission of the election commissioner and also in violation of the code of conduct. The learned Magistrate took cognizance of the offences punishable under Section 171-H of the IPC and further issued summons to the petitioners. Taking exception to the same, this petition is filed.
2. Learned counsel appearing for the petitioners submits that the charge sheet materials does not disclose the commission of offences punishable under Section 171-H of IPC, 4 Since, the petitioners have not fielded any candidate to attract Section 171-H of the IPC. She further submits that the endorsement 'permitted' made on the requisition is not an order as specified under Section 155(2) of Cr.P.C. Hence, the charge sheet filed against the petitioners is not sustainable in law. In support of the same, reliance is placed on the decision of this Court in the case of V.Y.Ghorpade V/s Station House Officer reported in (2013) SCC OnLine Kar 1724 and in the case of Shrimant Balasaheb Patil V/s State of Karnataka reported in (2017) SCC OnLine Kar 3331.
3. On the other hand, the learned High Court Government Pleader appearing for the State submits that the petitioners having conducted the meeting without obtaining prior permission from the Election Commissioner, so as to conceal the election expenditure have committed an offence punishable under Section 171-H of IPC. Hence, he submits that the police after investigation have rightly filed a charge sheet against the petitioner.
4. I have considered the submission made by the learned counsel for the parties.
5
5. The only allegation against the petitioners is that they have conducted the meeting without obtaining prior permission from the election commissioner so as to conceal the election expenditure and the said meeting was conducted in violation of code of conduct. So as to constitute an offence punishable under Section 171-H of IPC, a person must have incurred expenses without authorisation of the candidate in writing on account of holding a public meeting. The allegations made against the Petitioners does not satisfy the essential ingredients so as to constitute the commission of offences alleged against them.
6. Section 155(2) of Cr.P.C mandates that no investigation shall be conducted without prior permission of the Magistrate in a non-cognizable offence. The co-ordinate bench of this court in identical matter in the case of Mr.Shrimant Balasaheb Patil (Supra) has held that it cannot be said that there is application of mind by the learned Magistrate to the materials before making such endorsement, there is nothing on record on the said application that at least the learned Magistrate perused the records of the case and then made such an endorsement as 6 "permitted". In the absence of any such indication in the said application, it cannot be construed that all the materials available were perused by the learned Magistrate and then he found that it is a case to give permission to proceed with the matter. Hence, the endorsement 'permitted' made on the requisition is not an order as specified under Section 155(2) of Cr.PC.
7. In view of the same, the charge sheet filed against the petitioners in the absence of any material against the petitioners for having committed the offence punishable under section 171-H of IPC and also in the absence of an order passed by the learned magistrate under section 155(2) of Cr.P.C granting permission to the police to register FIR, the filing of the charge sheet against the petitioners is not sustainable in law. Accordingly, I pass the following:
ORDER
i) The criminal petition is allowed.
ii) The proceedings initiated against the petitioners in C.C.No.1017/2019 pending on the file of Prl. Civil Judge & JMFC, Gangavathi is hereby quashed.7
iii) In view of disposal of the matter, pending interlocutory applications, if any, do not survive for consideration and are dismissed accordingly.
Sd/-
JUDGE SSP