ORDER: - A criminal case under S. 171H of the I.P.C. has been filed by the first respondent against the petitioner herein on the grounds that elections for filling a seat in the Legislative Assembly of Goa, Daman and Diu were held in the month of Nov. Dec. 1984 in the constituency of Diu. The complainant was a supporter and election agent of the candidate, Dr. Shamjibhai B. Solanki who was returned. During the election campaign, the petitioner was the agent of the candidate, Mr. N. S. Fugro, who had stood as an independent. He is a partner in the family business of Mr. Fugro, he used to do propaganda work and was handling the election office in the same manner as the candidate, he acted as the counting agent of the said Fugro and he used to give advertisement and also gave materials for printing to different printers and editors of the newspapers. After the elections, Mr. Fugro filed an election petition in this Court and the same is pending. In the course of his deposition, Fugro stated that for want of knowledge, he denied that an advertisement was published in the newspaper "Meri Awaz" in furtherance of his election prospects by the petitioner in the issue dt. 16-12-1984. He den

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