JUDGMENT/ORDER

SHARMILA U.DESHMUKH, J. - By this application filed under Sec. 482 of Cr.P.C., the Applicant seeks quashing of the proceeding bearing SCC No. 41 of 2011 pending before the learned Judicial Magistrate, First Class, 3rd Court, Kalyan arising out of CR. No. II/94/2010 registered with Dombivali Police Station.

2. Heard Mr. Sayaji D. Nangre, learned Advocate for the Applicant and learned APP for the Respondent-State. Perused record.

3. CR. No. II/94/2010 came to be registered with the Dombivali Police Station at the instance of the Shri. Laxmikant Vasudev - Assistant Police Inspector, for the offence punishable under Sec. 188 of Indian Penal Code.

4. The case of the prosecution as spelt out from the FIR is that, in the year 2010 the municipal elections were scheduled for Kalyan Dombivali Municipal Corporation and the Election Commission of Maharashtra had imposed Code of Conduct by Order dtd. 23/9/2010 and the campaigning was to cease from 10.00 p.m. of 29/10/2010. That, Circular dtd. 9/4/2010, was issued by the Election Commission which provided that, any leader/worker or any other person belonging to the political parties who have entered the local jurisdiction of Kalyan Do