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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
K.Manickam – Appellant
Versus
Inspector of Police Sholavandhan Police Station – Respondent
| Table of Content |
|---|
| 1. basis for quashing fir due to insufficient details. (Para 1 , 2) |
| 2. government's position on ongoing investigation and legal proceedings. (Para 3) |
| 3. necessary details for prosecuting under section 171(e) ipc. (Para 4 , 5) |
| 4. court's conclusion to quash the fir. (Para 6) |
ORDER :
G. JAYACHANDRAN, J.
1. This petition has been filed seeking to quash the impugned FIR in Crime No.100 of 2021 dated 31.03.2021 registered for the offence under Section 171(E) of IPC.
2. The substance of the complaint indicates that the petitioner herein, while canvassing during the assembly election on 31.03.2021 alleged to have distributed money to the voters on 31.03.2021 at about 4.00 p.m. Based on the complaint given by the Election Observer, a complaint has been registered. However, from the complaint, there is no information how much money paid and to whom. That apart, till the date of filing this petition to quash, the 1st respondent police has not completed the investigation and filed a final report. Therefore, the petitioner has sought for quashing the complaint on the ground of limitation as well as bereft of details in the complaint which carry the ingredient of the offence under Sect
The absence of specific details in a bribery complaint under Section 171(E) IPC, along with the limitation bar under Section 468(2) Cr.P.C., warrants quashing of the FIR.
Prosecution under IPC 188 requires a complaint from the concerned public servant; allegations of bribery were unsubstantiated.
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.
The court upheld the validity of the FIR against the petitioners for vote buying, emphasizing that allegations of corruption warrant investigation despite claims of political vendetta.
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