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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
2. Heard in W.P.No.7458 of 2024 Sri M.B. Nargund, learned senior counsel appearing for the petitioner and Sri Prabhuling K. Navadgi, learned senior counsel appearing for the respondent and in Criminal Petition No.2756 of 2024 Sri Venkatesh P. Dalwai, learned counsel appearing for the petitioner and Sri B. Rangaswamy, learned counsel appearing for the respondent.
In W.P.No.7458 of 2024:
The petitioner contested the State Assembly Elections in the year 2023 for the Mahadevapura (SC) Constituency-174. The petitioner wins the election and comes out as a returned candidate. The respondent loses the election to the petitioner and then registers a crime invoking Section 200 of the Cr.P.C., for offence punishable under Section 125A o
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