Charges of electoral unduly influence require established intent to disrupt electoral rights, which was not proven in this case.

JUDGMENT :

DINESH PATHAK, J.

1. Heard Shri Satyendra Kumar Singh and Shri Satyendra Kumar Tripathi, learned counsel for the applicant and Shri Kailash Prakash Pathak as well as Shri Anjani Kumar, learned A.G.As for the State-respondents.

2. The applicant has invoked the inherent jurisdiction of this Court under section 482 Cr.P.C. to quash the proceedings in Case No.2715 of 2012 (State vs. Daya Shankar Mishra @ Dayalu Mishra), arising out of Case Crime No.14 of 2012 under Section 171-C I.P.C. and 3(2)(a) of The Prevention of Damage to Public Property Act, 1984 (in brevity 'Act, 1984'), Police Station Kotwali Sadar, District Varanasi.

3. Facts culled out from the record are that the present applicant was a candidate in the Uttar Pradesh Legislative Assembly Election of 2012 from City South Constituency, Varanasi. On 11.01.2012, while a police party was on patrol duty in connection with the enforcement of Model Code of Conduct, it noticed a large election campaign hoarding of the present applicant tied to an electricity pole. Considering the aforesaid installation of hoarding, in violation of the Model Code of Conduct and damage to the public property, Sub Inspector, Narendra Singh has lodged an F.I.R., being Case Crime No.14 of 2012 under Section 171-C I.P.C. and 3(2)(a) of the Act, 1984, Police Station Kotwali Sadar, District Varanasi, alleging therein that on 11.01.2012, Sub Inspector Narendra Singh, along with his companion Constable Anand Prakash Singh, while conducting inspection in his assigned area regarding matters related to the enforcement of the Model Code of Conduct for elections, was proceeding from Bhaironath Chauraha towards Mahamrityunjaya Mahadev Temple, he observed that the Congress candidate from the City South constituency, Daya Shankar Mishra @ Dayalu Mishra has installed a large hoarding for his election campaign on an electric pole located on the road in the lane leading to his residence, right in front of Hanuman Ji's temple. The said hoarding was tied to the electric pole with iron wires. This act of Dayashankar Mishra @ Dayalu Mishra is likely to improperly influence the election process and causes damage to the public property. The act amounts to a punishable offence under Section 171-C of the I.P.C. and Section 3(2)(a) of the Act, 1984. Accordingly, videography of the hoarding fixed on the pole was done, and at approximately 2:45 p.m., the hoarding was taken into police possession and brought to Kotwali Police Station.

4. The Investigating Officer (in brevity 'I.O.'), after due investigation, has submitted the charge-sheet No.21 of 2012 dated 12.05.2012 arraigning the present applicant for the offences under the aforementioned sections. Statements of Sub- Inspector Narendra Singh (the informant) and constable Anand Prakash Singh were recorded under Section 161 Cr.P.C., both corroborating the version set out in the F.I.R. As per paragraph no.12 of the counter affidavit, cognizance/summoning order has been passed based on the charge-sheet.

5. Having been aggrieved with the initiation and continuance of the aforesaid criminal proceedings, the present applicant has invoked the inherent jurisdiction of this Court assailing the criminal proceedings based on the F.I.R. No.14 of 2012.

6. Learned counsel for the applicant, while assailing the criminal proceedings, submits that :-

(i) No complaint was ever lodged by the officials of the