The present application under Section 482 of the Code of Criminal Procedure (For short CrPC) has been preferred for quashing of the order dated 14th July, 2015 passed by the learned Sub Divisional Judicial Magistrate, West Champaran, Bettiah in connection with Yogapatti (Nabalpur) P.S. Case No. 73 of 2014 dated 03.04.2014 by which the learned Magistrate has summoned the petitioner and four others after taking cognizance of the offences punishable under Sections 171-G, 171-H and 188 of the Indian Penal Code (For short IPC) and Section 127 of the Representation of People Act, 1951 (For short RP Act, 1951).

2. The first information report (For short FIR) of Yogapatti (Nabalpur) P.S. Case No. 73 of 2014 was registered on the report by Hira Kumari, Block Development Officer, Yogapatti, who was also appointed Magistrate of the flying squads team during the general election to the Lok Sabha 2014. As per the prosecution story, on 1st April, 2014, whilst the informant was patrolling the area within her jurisdiction to ensure compliance with the Model Code of Conduct and maintenance of law and order, she saw a car of which registration number was BR-01BF-4533 bearing the flag of Aam Admi Party, at the Piparia Chowk. In the car, the petitioner and four others were seated. The informant sought the license/permit in connection with car. However, no such document was produced. Instead, the informant was told that the permit for plying the car has duly been issued and the same would be duly provided later on. On 3rd April, 2014, considering that neither the permit/license nor the car itself was produced till 2:30 p.m., the FIR was registered for violation of the Model Code of Conduct under Sections 171-G, 171-H and 188 of the IPC and 127 of the RP Act, 1951.

3. On the basis of the aforesaid allegations made in the FIR, investigation was taken up and after completion of investigation, Charge Sheet No. 31/14 dated 28.04.2014 was submitted in the court of Sub Divisional Judicial Magistrate, West Champaran, Bettiah against the petitioner and four others for the offences under which the FIR was registered.

4. After receiving the police report submitted under Section 173(2) of the CrPC, the learned Sub Divisional Judicial Magistrate took cognizance of the offences under which the FIR was registered and the charge sheet was submitted vide impugned order dated 14th July, 2015 against the petitioner and four others and summoned them to face trial.

5. Challenging the aforesaid order dated 14th July, 2015, Ms. Surya Nilambari, learned counsel appearing for the petitioner has submitted that the petitioner was a candidate contesting on behalf of the Aam Aadmi Party in the General Elections, held in 2014, to the Lok Sabha from Valmikinagar constituency. He had previously successfully contested the elections to the Bihar Legislative Assembly in 1980 and also served as a member of the 9th Lok Sabha. She has submitted that the Valmikinagar constituency comprised three Sub-divisions, namely, Bagaha, Narkatiyaganj and Bettiah and Yogapatti block falls within the Bettiah Sub-division. On 30th March, 2014, the petitioner was permitted to use his car BR-01-BF-4533 bearing the symbols of his political party, its flag, banner and the necessary paraphernaliamike, for canvassing, by the Sub Divisional Officer, Narkatiayaganj. On 1st April, 2014, the petitioner applied for a similar permission to the Sub Divisional Officer, Bettiah, which was accorded by the Sub Divisional Officer, Bettiah on 2nd April, 2014.

6. Advancing her argument, learned counsel for the petitioner has submitted that a reading of the impugned order dated 14th July, 2015 passed by the learned Sub Divisional Magistrate taking cognizance of the offences and summoning the petitioner and others would clearly indicate that there was total lack of application of judicial mind. She has submitted that even if the allegations made against the petitioner are accepted in their entirety, none of the ingr