Petterer sought quashing of an FIR under Section 125 of RPA. Court relied on Vijesh Pillai and Vinoda cases, granted quashing and remanded case to Magistrate.
FIR for offence under S. 125 RPA quashed. Matter remanded to Jurisdictional Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT CRIMINAL PETITION NO.5277 OF 2023
BETWEEN:
SRI. JAGGESH, S/O. SHIVALINGAPPA, RAJASABHA MEMBER, AGED ABOUT 60 YEARS, R/AT FLAT. NO.106/58, 10TH MAIN, 12TH CROSS, MALLESHWARAM, BANGALORE - 560 001.
…PETITIONER
(BY SRI. ARUN G., ADVOCATE) AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. B.N. JAGADEESH, ADDITIONAL SPP FOR R1; R2 - SERVED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.38/2023 REGISTERED BY NEW EXTENTION POLICE STATION (THILAK PARK CIRCLE), TUMKUR AGAINST THE PETITIONER/ACCUSED REGISTERED FOR THE ALLEGED OFFENCE P/U/S.125 OF REPRESENTATION OF PEOPLE ACT, 1951 AND 1988 BY ALLOWING THE PRESENT PETITION FILED U/S.482 OF CR.P.C., 1973.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the Petitioner submits that the subject matter of this Petition is substantially similar to the one in VIJESH PILLAI vs. STATE OF KARNATAKA & ANOTHER, 2023 SCC OnLine KAR 32 and therefore, the relief granted to the litigant in the said case needs to be extended to his client on the principle of parity, there being no repugnant circumstances.
subject to all just exceptions. Though the said submission was initially opposed by learned Addl. SPP appearing for Respondent No.1, the demonstrable variance from facts involved or the law laid down is not shown.
In view of the above, the Petition is allowed and the registration of Crime No.38/2023 in the New Extention Police Station (Thilak Park Circle), Tumkur, for the offence punishable under Section 125 of Representation of People Act, 1951 is hereby quashed.
The matter is remanded to the Jurisdictional Magistrate for taking appropriate steps in accordance with law. All contentions in that regard are kept open.
It is needless to state that the Police shall transmit the papers to the Jurisdictional Magistrate forthwith.
Sd/JUDGE
ABK CT:SNN
3 issues framed by the court
Whether the FIR should be quashed under Section 482 of Cr.P.C. akin to a previous s.
Whether the principles of parity under S. 125 of RPA apply to the present case.
Whether the Order should be remanded to the Jurisdictional Magistrate.
Colour shows how this judgement treated each authority
Vijesh Pillai vs. State of KarnatakaRelied on¶17
VIJESH PILLAI vs. STATE OF KARNATAKA & ANOTHER, 2023 SCC OnLine KAR 32 · Who else cites this
A.V.Vinoda & Another Vs. State of KarnatakaRelied on¶18
W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY
2 provisions across 2 enactments
Sri. Jaggesh
State of Karnataka
Darshan G.C.
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
