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2019 Supreme(Kar) 1015

ASHOK G.NIJAGANNAVAR
Raheem Khan – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
Sanjay A. Patil, Adv., P.S. Patil, Adv.

JUDGMENT :

Ashok G. Nijagannavar, J.

This petition is filed under Section 482 Cr.P.C. to quash the impugned order dated 19.01.2019 and further proceedings pursuant to it in C.C.No.15/2019 pending on the file of Prl. Chief Judicial Magistrate, Bidar, for the offences punishable under Section 123(3) of Representation of People Act. In the case on hand, the records would disclose that the initially the case was registered for the offences punishable under Section 123(3) of Representative of People Act and after investigation the charge sheet is filed for the offences punishable under Section 123 (3) of the along with Sections 171(C), 171(F) and Section 188 of IPC.

2. The facts leading to this petition are that on the basis of the complaint filed by Avinash Government Official during legislative assembly elections filed a complaint stating that he was appointed as a Nodal Officer to monitor and supervise that election code of conduct is not violated. On 30.04.2018 afternoon at about 1:00 p.m. there was a meeting held by the Congress party. The candidate of the Congress party has given speech with an intention to disturb communal harmony among Hindu and Muslim communities. The speech made

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