Cognizance of Section 223 BNS offence requires mandatory written complaint by public servant under Section 215 BNSS; absence vitiates proceedings. Unauthorized election poster affixing does not constitute undue influence or personation under Section 174 BNS.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

I.A. No. 2788 of 2026

Heard the parties.

Learned counsel for the petitioners submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition.

Since, the hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application stands disposed of being infructuous.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with the prayer for quashing and setting aside the entire criminal proceeding including the order dated 10.02.2025 passed by learned Special Judicial Magistrate, MP/MLA Cases, Ranchi; who has mentioned his designation as Elected MP/MLA Special Judge, Ranchi in the order dated 10.02.2025, in connection with Hindpiri P.S. case no. 122 of 2024 whereby cognizance has been taken of the offences punishable under Sections 223 / 174 of , 2023 and further prayer has been made to quash the order dated 16.04.2025 passed by the said Special Judicial Magistrate, MP/MLA Cases, Ranchi in connection with the said Hindpiri P.S. case no. 122 of 2024 which has been renumbered as MP/MLA case no. 02 of 2025 whereby and where under the substance of accusation has been explained to the petitioner for having committed the offences punishable under Section 223 / 174 of , 2023.

3. The Brief facts of the case is that the Assistant Election Officer Ranchi, 63, Assembly Constituency for the General Elections of the Legislative Assembly of the Year 2024, lodged a written report with Hindpiri Police Station alleging therein that on the application made by the candidate of the said election for Ranchi-63 Legislative Assembly constituency and the election agent of him, it was found that the poster of the petitioner, who was also a candidate for the said Ranchi-63 Legislative Assembly Elections of Jharkhand Mukti Morcha, was affixed between two electric poles, belonging to the Government and the same was removed by the informant; for without any permission, in a public place the banner was affixed between the two Government electric poles, in violation of the model Code of conduct. Basing upon the written report lodged by the informant, the police registered Hindpiri P.S. case no. 122 of 2024 and took up investigation of the case. After completion of the investigation, police submitted charge sheet against the petitioner for having committed the offences punishable under Section 223 / 174 of BNS, 2023. Learned Special Judicial Magistrate, MP/MLA Cases, Ranchi vide the order dated 10.02.2025, found sufficient materials to constitute the offence punishable under Sections 223 / 174 of , 2023. On 16.04.2025, the petitioner appeared before learned Special Judicial Magistrate, MP/MLA Cases, Ranchi and learned Special Judicial Magistrate, MP/MLA Cases, Ranchi explained the substance of the accusation for the offence punishable under Section 223 / 174 of the , 2023 to the petitioner, to which, the petitioner pleaded not guilty and claimed to be tried.

4. It is submitted by learned counsel for the petitioner that so far no witness has been examined by the prosecution before the learned Special Judicial Magistrate as yet. It is next submitted that in view of section 215 of BNSS, the cognizance of any offence inter alia under Section 223 ought not be taken by any court, except upon complaint in writing by any public servan