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2023 Supreme(Online)(Kar) 36920

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA, J
D K SURESH – Appellant
Versus
STATE OF KARNATAKA – Respondent


ORDER

The petitioner calls in question the proceedings in C.C.No.30801/2021 which arose out of crime in crime No.62/2019 for the following offences punishable under Section 171H of the Indian Penal Code, 1860 and under Section 133 of the Representation of People Act, 1951 and 1988.

2. Heard Sri. Arnav A. Bagalwadi, learned counsel appearing for the petitioner, Sri. Mahesh Shetty, learned HCGP appearing for the respondents.

3. Learned counsel appearing for the petitioner submits that against accused No.1 and 5 in the same crime, a Co-ordinate Bench of this Court in Crl.P.No.4524/2022 has quashed the proceedings in terms of its order dated 27.09.2022. The order passed by the Co-ordinate bench reads as follows:

"Petitioners who are accused Nos. 1 and 5 have called in question the validity of the proceedings in C.C.No. 30801/2021 pending on the file of the XLII Additional Chief Metropolitan Magistrate (Special Court to deal with Criminal Cases related to sitting as well as former MPs/MLAs triable by Magistrate in Karnataka).

2. Respondent No.2 while working as an officer offlying squad has made out information to the policeauthorities regarding violation of election code of conductwhile cam

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