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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA, J
SMT. MANJULA S., @ MANJULA LIMBAVALI – Appellant
Versus
SRI NAGESH T., @ NALLURHALLI NAGESH – Respondent
| Table of Content |
|---|
| 1. overview of the petitions and common legal issue. (Para 1 , 3) |
| 2. arguments regarding the maintainability of private complaints. (Para 4 , 5 , 6) |
| 3. court's consideration of threshold issues. (Para 7 , 8) |
| 4. legal provisions under section 125a and implications for private complaints. (Para 9 , 10 , 11) |
| 5. court's ruling on the necessity of election commission's involvement. (Para 12 , 13) |
| 6. final order quashing the proceedings. (Para 14) |
CAV ORDER
Both these petitions, though by different petitioners in different criminal cases, are tagged together on the score that they project one and the same legal issue. In Writ Petition 7458 of 2024 the petitioner calls in question proceedings in C.C.No.29813 of 2023 registered for offences punishable under Section 125A of the Representation of People Act, 1951 (hereinafter referred to as ‘the Act’ for short). In Criminal Petition No.2756 of 2024 the petitioner calls in question proceedings in C.C.No.7393 of 2024 again for offence punishable under Section 125A of the Act. Therefore, the common string in these petitions is the offence alleged – Section 125A of the Act.
2. Heard in W.P.No.7458 of 2024 Sri M.B. Nargund, learned
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