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 th

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