Petitioner challenged the dismissal of a revision petition filed against an order taking cognizance in an FIR under Section 188 IPC and election-related laws. The single-judge bench found no illegality and dismissed the petition under Section 482 CrPC.
Petition under Section 482 CrPC dismissed
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C 482 No. 767 of 2014 Hon’ble Alok Singh, J.
None appears on behalf the petitioner. Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand.
An FIR was lodged against the petitioner under Section 188 IPC, 3 (1) of the Uttarakhand Prevention of Defacement of Public Property Act, 2003 and Representation of People Act, 1951. The allegation against the petitioner is that during legislative constituency election, petitioner was canvassing in Jakholi Bazar along with 30-35 persons without obtaining permission from competent authority. He also pasted posters on public properties. Police having investigated the matter filed charge-sheet against the petitioner. Magistrate took cognizance. Against the cognizance order, petitioner filed revision. Revision was dismissed. Feeling aggrieved, petitioner has approached this Court.
From perusal of the record, it clearly transpires that learned Magistrate, after considering the material available on record, took cognizance in the matter. Therefore, I do find any illegality or perversity in the impugned order. Accordingly, petition under Section 482 of the Code of Criminal Procedure fails and is hereby dismissed.
(Alok Singh, J.) 15.11.2019
SKS
1 issue framed by the court
Whether there was any illegality or perversity in the order of the Magistrate taking cognizance under Section 188 IPC and other statutes?
4 provisions across 4 enactments
Petitioner
State of Uttarakhand
Alok Singh
As recorded by the court registry
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