Mr. Devendrappa S/O. Gangamma vs State Of Karnataka
2022 Latest Caselaw 5477 Kant

                             -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF MARCH 2022

                             BEFORE

      THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV

             CRIMINAL PETITION NO.8977/2021

BETWEEN:

Mr. Devendrappa
S/o. Gangamma
Age 45 years
Occ: Politician/Ex.MP
R/o. Door No.74, I Ward,
Arashikeri, Harapanahalli Taluk,
Ballari District 583 125.
                                                    ...PETITIONER
(By Sri. Neelendra D. Gunde, Adv.)

AND

1.    State of Karnataka
      Ballari Gandhi Nagar Police Station,
      Represented by the State Public Prosecutor,
      High Court Building,
      Dharward 580 001.

2.    Anand S. Maskikar
      KGID Building
      Koppal 582 231.
                                                 ...RESPONDENTS

(By Sri. R. D. Renukaradhya, HCGP)

      This Criminal petition is filed under Section 482 of Cr.P.C.
seeking to quash the order dated 23.10.2020 passed by the
Principal Civil Judge and JMFC, Ballari, in C.C.No.1333/2020
thereby taking cognizance for the offence punishable under
                              -2-


Section 127-A of the Representation of People Act and Section
171-H of IPC insofar as petitioner is concerned.

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

                            ORDER

Learned HCGP accepts notice for respondent No.2.

2. The petitioner has called in question the validity

of the proceedings in C.C.No.1333/2020 whereby the trial

Judge has taken cognizance for the offences punishable

under Section 171-H of IPC and Section 127-A of the

Representation of People Act, 1951 (for short 'R.P.Act').

3. It is submitted that there is ambiguity of the

offence charged as well, since in the charge sheet, offence

that is made out is that of Section 123 of the R.P. Act

though in the order granting permission for investigation,

the offences of Section 127-A of the R.P.Act, has been

mentioned. It is further pointed out that insofar as the

offence of 171-H of IPC, the offence is against a person

other than the candidate who without general or special

authority of the candidate incurs or authorizes expenses on

account of holding of any public meeting or as regards

advertisement, circular or publication. In the present case it

is pointed out that the petitioner who is the candidate has

been charge sheeted of the said offence and reliance is

placed on the judgment in Crl.P.No.101799/2018 disposed

off on 01.10.018 and on this ground, the proceedings are

sought to be quashed.

4. Insofar as the offence under Section 127-A is

concerned, as is mentioned in the Index of the charge sheet

produced at page - 19, it is submitted that the permission

for investigation having been granted as per the order of

11.04.2019 only as regards Section 127-A of the R.P.Act,

the charge sheet is deemed to have been filed as regards

Section 127-A of the R.P. Act. It is submitted that Section

127-A of the Act relates to restriction on printing of

pamphlets and posters and the complaint that is made out

to the police authorities on 04.04.2019 does not make out

any case relating to Section 127-A of the Act.

5. It is further rightly pointed out that there is total

non-application of mind by the learned Judge granting

permission to investigate who has not noticed the contents

of the complaint dated 04.04.2019 and if there was

application of mind, question of granting permission for

investigation would not have arisen.

6. As regards the offence of Section 171-H of IPC is

concerned, clearly the offence is against a person other

than the candidate who without general or special authority

in writing of the candidate incurs or authorises expenses on

account of holding of any public meeting, etc. This Court in

Crl.P.No.101799/2018 has clarified the legal position at

paragraph Nos.19 and 20. In light of the admitted facts, the

offence under Section 171-H is liable to be set aside.

Insofar as the offence under Section 127-A of the R.P.Act,

on perusal of the contents of the complaint / information

made out to the Station House Officer by the complainant,

there is absolutely no case that could reflect the requisites

under Section 127-A of the R.P.Act. Accordingly, even on

this ground also, the proceedings are liable to be set aside.

7. In light of the discussion made above, the

proceedings under Section 171-H of IPC as well as Section

127-A of the R.P.Act pending in C.C.No.1333/2020 is set

aside in its entirety and the petition is allowed.

Sd/-

JUDGE

VP