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2020 Supreme(Kar) 1043

SURAJ GOVINDARAJ
B. S. Yediyurappa – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
C.V. Nagesh, Advocate, Sandeep Patil, Advocate, V.M. Sheelvant, Advocate

JUDGMENT

Suraj Govindaraj, J. - The Petitioner is before this Court seeking for

    1.1. quashing the complaint dated 26.11.2019, registered in C.C.No.1065/2020 for the alleged offences under Section 123(3) of the Representation of the People Act, 1951 (for short "the R.P. Act") as also under Section 171F of the India Penal Code (for short "the IPC"), pending on the file of the Prl. JMFC Court, Gokak (for short "the Magistrate").

      1.2. quashing of the order dated 26.11.2019, passed under Section 155(2) of the Code of Criminal Procedure, 1973 (for Short "the Cr.P.C.") in the above proceedings

        1.3. quashing the order of taking cognisance and issuance of summons dated 26.06.2020 in the above proceedings and

          1.4. consequently quash the entire and all further proceedings in the said matter.

          2. The facts, in brief, are that:

            2.1. One Laxman Allapur (informant), Executive Engineer, Karnataka Niravari Nigama was deputed on election duty as a Flying Squad by the District Election Officer, Belagavi for Gokak Constituency Bye-Elections. He had filed a complaint before the respondent No.1-Police on 26.11.2019, alleging that on 23.11.2019 between 5:00 to 6:40 p.m., while he along with one M.G.Uppar w


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