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VINAY JOSHI, VRUSHALI V. JOSHI
Sagar D. Meghe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VINAY JOSHI, J.
1. Heard. ADMIT.
2. The matter is taken up for final disposal by consent of learned Counsel appearing for the parties.
3. By this application under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) the applicant/accused is seeking to quash the charge-sheet bearing SCC No. 329 of 2014 arising out of Crime No. 3026 of 2014 registered with the Dattapur Police Station, District Amravati for the offence punishable under Sections 171-H, 188 of the Indian Penal Code(for short ‘IPC’) and Section 123 of the Representation of the People Act, 1950 (for short ‘the Act’).
4. The facts in brief are that the applicant was contesting parliamentary elections in the year 2014. During the election period, Police Station Dattapur set up the check point at Mangrul T Point. The Police intercepted a Scorpio vehicle bearing registration no. MH-27-U-1515 driven by co-accused Manoj Dhatewar. During search, cash amount of Rs. 4.75 lakh, two liquor bottles and election material in the form of stickers of the political party have been found. The said vehicle was used in election campaign for the applicant’s candidature. The Police took custody of cash amount and articles
The main legal point established in the judgment is the strict interpretation of the penal provisions of the Representation of the People Act, 1950 and the Indian Penal Code, emphasizing the lack of ....
A valid written complaint by a competent public servant is mandatory to prosecute under IPC sections for disobedience or bribery during elections; failure to comply nullifies ongoing charges.
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