Kiranrao S/O Ramrao Sarnaik vs State Of Mah. Thr. Pso Arni Ps ...
2021 Latest Caselaw 3977 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        NAGPUR BENCH : NAGPUR.

               CRIMINAL APPLICATION (APL) NO. 354 OF 2021
                             Kiranrao S/o. Ramrao Sarnaik
                                                Vs.
   State of Mah. through P.S.O., Arni P.S., Tah. Arni, Dist. Yavatmal and
                                            another
 ------------------------------------------------------------------------------------------------
 Office Notes, Office Memoranda of                            Court's or Judge's Order
 Coram, appearances, Court's Orders
 or directions and Registrar's order
                  Shri Shreerang P. Bhandarkar, Advocate for applicant.
                  Shri N. S. Rao, A.P. P. for non-applicant no. 1/State.


                                    CORAM :-        Z. A. HAQ AND
                                                    AMIT B. BORKAR, JJ.

                                    DATED :-        03.03.2021


                                    Heard.

2. In view of the submission of learned Advocate for the applicant that for violation of Section 123 of the Representation of People Act, 1951, there can be no penal action by way of criminal prosecution unless ingredients of offence under the provisions of the Representation of People Act are fulfilled. In support of his submission, learned Advocate for the applicant relies on the judgment of learned Single Judge of the High Court of Karnataka in Criminal Petition No. 100964/2020, dated 11.09.2020.

3. He further submitted that for the purpose of attracting the offence punishable under Section 171E of the Indian Penal Code, there has to be an allegation that the applicant himself was involved in bribery.

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4. In view of the aforesaid submissions, issue notice to the non-applicants, returnable on 26.04.2021.

5. Shri N. S. Rao, learned A.P.P. waives notice for the non-applicant no. 1/State.

6. Until further orders, charge-sheet shall not be filed against the present applicant in relation to the the First Information Report No. 702/2020, dated 29.11.2020.

                                       JUDGE                                 JUDGE



RR Jaiswal