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 were on election duty in Valmiki Stadium, the Petitioner who was campaigning for the BJP Candidate had appealed in his speech that the Veerashaiva Lingayat Community Members vote must be consolidated, that they should not be divided and called upon the members to vote in favour of the said candidate.

2.2. This is stated to be in violation of the Election Code of Conduct, and as such, he requested respondent No.1-Police to take action against the Petitioner.

2.3. Respondent No.1-Police registered a noncognisable case in N.C.No.24/2019 under Section 123(3) of the R.P. Act, and Section 171F of the IPC and forwarded the same to the Prl. JMFC, Gokak in pursuance of Section 155(1) of the Cr.P.C. requesting for permission to investigate.

2.4. The Prl. JMFC, Gokak, vide his order dated 26.11.2020, on perusal of the requisition and examination of the Informant found that there was a prima facie case made out requiring permission to be granted. Hence, exercising his powers under Section 155(2) of the Cr.P.C. he accorded permission to the Investigating Officer of Gokak Town P.S., Gokak to investigate the non-cognisable offence and to file the final report.

2.5. The respondent-Police, after completion of the investigation, submitted a final B-report in Crime No.147/2019 before the Prl. JMFC, Gokak on 25.06.2020 stating that after examination of all witnesses as also conducting enquiry at the spot, it was found that there was no violation committed by the Petitioner of the Election Code.

2.6. Along with the B-report, panchanama in regard to the place of offence with a hand sketch, map of the place of occurrence of offence along with photographs were produced. So also the entire video footage of entire election campaign held on 23.11.2019 was annexed in the form of a 'CD'.

2.7. The Investigating Officer had recorded the statements of the first Informant, L.T.Allapur, M.G.Uppar, Junior Engineer, PWD, and videographer, Kiran Ningappa Silanavar.

2.8. The first Informant in his statement stated that the first information was given under a wrong assumption, due to pressure of work and that the Petitioner has not violated the model Code of Conduct. The Petitioner had only stated in his speech that the votes of workers should not be dispersed here and there. Similar statements were made by M.G.Uppar and Kiran Ningappa Silanavar. It is on the basis of the above statements that the B-report came to be filed.

2.9. While considering the said B-report, the Magistrate went into the statement of witnesses as also watched the actual video footage. The Magistrate considering that

2.9.1. The first information was lodged by a Government Official, who was on deputation to the Election Commission, that there was an election offence committed by the Petitioner had lodged a complaint wi