Shri Tippeswamy Vs State by

THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNNS) OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ALSO THE ENTIRE PROCEEDINGS OF THE HONBLE CHIEF METROPOLITAN MAGISTRATE COURT IN THEIR C.C.NO.19426/2018 ARISING OUT OF CRIME NO.128/2018 OF RESPONDENT POLICE STATION REGISTERED AGAINST THE PETITIONER FOR THE OFFENCE P/US/ 171-E R/W SEC.34 OF IPC AND U/S.123 OF THE REPRESENTATION OF THE PEOPLE ACT 1950.

¶22

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶23

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶24

ORAL ORDER

¶25

Learned HCGP accepts notice for the

¶26

respondent - State.

¶27

The petitioners, who are being prosecuted for offences punishable under Section 171E read with Section 34 of the IPC and under Section 123 of the Representation of the People Act, 1950, have approached this Court seeking relief.

¶28

The prosecution alleges that during the enforcement of the Model Code of Conduct for the State Assembly Election 2024, petitioner No.1 was found collecting Election Voter ID cards and distributing receipts

¶29

3 -

¶30

NC: 2025:KHC:11814 CRL.P No. 10437 of 2024

¶31

for a sum of ₹10,000/- from Vision I India Multipurpose and Women Co-operative Society Limited. These receipts were later seized from the house of petitioner No.2.

¶32

Heard the learned counsel for the petitioners and the learned HCGP for the respondent - State.

¶33

Section 195 of the Cr.P.C. deals with the prosecution for contempt of the lawful authority of public servants, offences against public justice, and offences relating to documents used in evidence.

¶34

Section 171E of the IPC is a non-cognizable offence, and before initiating an investigation, the police were required to obtain permission under Section 155(2) of the Cr.P.C.

¶35

In the present case, the police conducted the investigation and submitted a charge sheet without obtaining prior approval under Section 155(2) of the Cr.P.C. As a result, the investigation, culminating in the taking of cognizance of the aforesaid offence, stands vitiated due to non-compliance with the mandatory provisions of Section 155(2) of the Cr.P.C. Under such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law.

¶36