Altaf Hussain Hallur Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Altaf Hussain Hallur Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the impugned proceedings in C.C. No.2909/2019 pending before the Principal Civil Judge and JMFC, Hubballi, Dharwad, insofar as they relate to the petitioner/accused.

Issue for consideration

Whether the FIR and charge sheet for the non-cognizable offence under Section 171E IPC stand vitiated for want of the prior permission of the jurisdictional Magistrate mandated by Section 155(2) CrPC before investigation. +1 more

Court's answer

The offences alleged being non-cognizable, failure to obtain the prior permission of the jurisdictional Magistrate required by Section 155(2) CrPC renders the registration of the FIR and the subsequent filing of the charge sheet vitiated.

Ratio / Principle

No offence under Section 171E IPC is made out: there is no allegation that the petitioner induced the persons assembled to exercise their electoral right in favour of any candidate, or that the snacks and tea were served as a reward for having exercised such right.

Key takeaways

Continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law, warranting quashing of the proceedings qua the petitioner.ratio¶28

Detailed headnote1 paragraphs

Criminal Petition under S.482 CrPC / S.528 BNSS — quash of FIR and charge sheet for offence punishable under S.171E IPC (election bribery) arising from a complaint dated 12.04.2019 by the polling squad Magistrate regarding snacks and tea served at a candidate's permitted election meeting — offence non-cognizable; investigation without the prior permission of the jurisdictional Magistrate mandated by S.155(2) CrPC vitiates the FIR and charge sheet — on the allegations there was no inducement of, nor gratification as reward for, exercising an electoral right in favour of any candidate, so ingredients of Ss.171B/171E IPC not attracted — continuation of proceedings abuse of process — proceedings in C.C. No.2909/2019 (Crime No.47/2019), Principal Civil Judge and JMFC, Hubballi, quashed insofar as they relate to the petitioner/sole accused. (Karnataka HC, Dharwad Bench, 24.02.2025 — Hemant Chandangoudar, J.)

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NC: 2025:KHC-D:3692 CRL.P No. 100675 of 2025

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24^TH DAY OF FEBRUARY, 2025 BEFORE

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100675 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

ALTAF HUSSAIN HALLUR AGE. 54 YEARS, OCC. BUSINESS AND POLITICIAN, R/O. KASABAPETH MAIN ROAD, OPP. VEERABHADRA TEMPLE, HUBLI-580024, DIST. DHARWAD.

…PETITIONER

(BY SMT. SEEMA S.NAIK, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY SUB-URBAN POLICE STATION, HUBBALLI, REPRESENTED THROUGH ITS SPP, HIGH COURT OF KARNATAKA, DIST. DHARWAD-580001.

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:42 +0530

SHRI. MANJUNATH S/O. TIMMANNA HEGDE AGE. 56 YEARS, OCC. GOVERNMENT OFFICIAL NON GAZETTEED, R/O. H.NO.402, KALYAN NAGAR, VIDYANAGAR, HUBLI, DIST. DHARWAD-580001,

REPRESENTED THROUGH ITS SPP, HIGH COURT OF KARNATAKA, DIST. DHARWAD-580001.

…RESPONDENTS

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE COMPLAINT DATED 12.04.2019 FILED BY RESPONDENT NO.2 AND THE FIR REGISTERED AND CHARGE SHEET FILED FOR THE OFFENCES PUNISHABLE U/S 171E OF IPC, 1860, BY THE RESPONDENT NO.1 PENDING BEFORE THE COURT OF PRL.CIVIL JUDGE AND JMFC, HUBBALLI, DHARWAD IN CRIME NO.47/2019 IN FR NO.CC

2 - NC: 2025:KHC-D:3692 CRL.P No. 100675 of 2025

2911/2019, REGISTRATION NO.CC 2909/2019 AS AGAINST THE PETITIONER HEREIN WHO IS ARRAYED AS SOLE ACCUSED.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The petitioner, who is facing trial for the offence punishable under Section 171E of the Indian Penal Code (IPC), is before this Court.

The prosecution alleges that the complainant is the Senior Administrator of KSFC, Rayapur, Dharwad, and that for the Hubli-Dharwad Central Vidhana Soudha’s 11th Lok Sabha election for Sector/Kshtra/Constituency 73, he was appointed as the polling squad Magistrate. On 10.04.2019, the Assistant Election Officer granted permission to one of the candidates to hold a meeting between 5:00 p.m. and 8:00 p.m. The complainant and his team arrived at the spot at 5:00 p.m., and during the meeting nearly 200– 250 people gathered around 7:00 p.m. In the adjacent room, where nearly 100 people had assembled, snacks and tea were served, which constitutes an offence under Section 171E of the IPC.

Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1 (State).

The offences alleged against the petitioner are noncognizable in nature. As per Section 155(2) of the Code of Criminal Procedure, 1973, prior permission from the jurisdictional Magistrate was mandatory before conducting an investigation. The failure to

3 - NC: 2025:KHC-D:3692 CRL.P No. 100675 of 2025

obtain such permission renders the registration of the FIR and the subsequent filing of the charge sheet vitiated due to noncompliance with the mandatory provisions of Section 155(2) of the Cr.P.C.

Chapter IXA of the IPC deals with offences relating to elections. Section 171B of the IPC defines ‘bribery’ as giving gratification to any person with the object of inducing them or another person to exercise any electoral right, or as a reward for having exercised such a right. It also includes accepting gratification as a reward for oneself or others for exercising an electoral right or inducing others to do so. Section 171E of the IPC provides punishment for bribery-related offences.In instance , there is no allegation that the petitioner was inducing the people assembled in the hall to exercise their electoral right in favor of any candidate or the snacks and tea were served as a reward for having exercised their electoral right in favor of any candidate.

Therefore, the continuation of criminal proceedings would amount to an abuse of the process of law. Accordingly, the petition is allowed, and the impugned proceedings in C.C. No.2909/2019, on the file of the Principal Civil Judge and JMFC, Hubballi, Dharwad, insofar as they relate to the petitioner/accused, are hereby quashed.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

AC Ct:vh List No.: 1 Sl No.: 54