P. S. MISHRA, C. J.

( 1 ) EDITOR of a language newspaper has moved the instant petition under Article 226 of the Constitution of India questioning the action of the Superintendent of Police, Kurnool District and the Station House Officer, Urban Police Station, Allagadda, Kurnool District in arresting Sri. V. Krishna Mohan, who was in-charge of the area for reporting about the by-elections in the Allagadda Legislative Assembly Constituency held on 6-2-1997, in Crime No. 19 of 1997 for the alleged offences under Sections 379, 505 and 411 of the Indian Penal Code and Sections 135 and 136 of the Representation of the People Act. 1951.

( 2 ) FACTS not in dispute arc as follows : The Election Commission of India notified the elections to three Assembly Constituencies in the State of Andhra Pradesh, including Allagadda Constituency and polling took place in the said Constituency accordingly on 6-2-1997. Several political parties fielded their candidates, besides independents for the election. Krishna Mohan, however, sent a report for publication to the newspaper immediately after polls and also sent photographs of one ballot paper bearing No, 183125 for publication, which news item and the photograph of the ballot paper were published in vartha Telugu Daily on 8-2-1997. Krishna Mohan, however, was arrested on 8-2-1997 itself allegedly in the case registered as Crime No. 19 of 1997 of the Urban Police Station. Allagadda for the allegedly aforementioned offences.

( 3 ) ACCORDING to the petitioner- Krishna Mohan, who was in-charge of the area for reporting about the elections, while discharging his duties, found that polling at Booth No. 125 of the Assembly Constituency was rigged and some persons took away ballot papers. One such ballot paper they dropped on the road, which was carrying the No. 183125 and had the vote mark on the symbol of hand and signed by one Sivanath Reddy. Krishna Mohan s report in this behalf along with a photograph of the ballot paper was published in the newspaper. The police, however, at the instance of the Ruling Telugu Desam Party M. L. As. of Kurnool District, registered a case against Krishna Mohan, the reporter. As per the instructions of the local political bosses, the Returning Officer gave a complaint that one ballot paper was missing and Krishna Mohan was arrested by the police.

( 4 ) SECOND respondent, the Election Commission of India is not a necessary party for the purpose of the instant proceedings before us. Third and fourth respondents have entered appearance and filed counter-affidavits. First respondent is represented before us by the learned Additional Advocate General.

( 5 ) INSPECTOR of Police and Officer in-charge of Allagadda Town Police Station, Kurnool has stated in the counter-affidavit that Krishna Mohan was arrested on 8-2-1997 at 13. 30 hours by the Inspector of Police, II Town Police Station. Nandyal and seized the ballot paper under a cover of police proceedings and registered a case in Crime No. 19 of 1997 on the complaint of Sri Sartaj Babu, Returning Officer for 183 Allagadda Assembly Constituency and Revenue Divisional Officer, Nandyal through the Superintendent of Police, Kumool. The said First Information Report along with the accused-Krishna Mohan, the ballot paper and the original police proceedings were transferred to Allagadda Town Police Station on the point of jurisdiction, as the ballot paper was said to be used in booth No. 125 situated in Zilla Parishad Girls High School, Allagadda. On receipt of the above, he (the Inspector of Police, Allagadda Town Police Station) registered Crime No. 13 of 1997 and sent Krishna Mohan to the custody of the local judicial Magistrate. There is some controversy, however, as to the ballot paper which has been recovered from the possession of Krishna Mohan. While the petitioner has given the number as 183125. the Inspector of Police has called it no. 101012 .

( 6 ) KRISHNA Mohan has filed an affidavit and given his version of the

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