ORDER :

1. Petitioner herein was a contesting candidate of State Legislative Assembly Elections for State Assembly Seat – Rampur, Korba held on 19/11/2013.

He was found campaigning during the restricted period of 48 hours prior to the result of poll on 18/11/2013 along with certain canvassing materials (cards) pursuant to which the Returning Officer informed the S.H.O. of Police Station Rajgamar Chouki, Balco to take action against the petitioner under Section 126(2) of the Representation of the Peoples Act, 1951 (in short “the Act of 1951”). Thereafter, on 06/12/2013, respondent No. 2 sought permission from learned Judicial Magistrate for filing of chargesheet against the petitioner for offence under Section 126(2) of the Act of 1951. Learned Judicial Magistrate, Korba on 06/12/2013, finding that offence under Section 126(2) of the Act of 1951 is a non-cognizable offence, permitted the S.H.O. to file istegasha against the petitioner and thereafter, on 27/12/2013, istegasha for offence punishable under Section 126(2) of the Act of 1951 was filed against the petitioner and learned trial Court has even proceeded with the matter and charges have been framed against the petitioner on 18/