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2023 Supreme(Online)(Kar) 31374

KARNATAKA HIGH COURT
SHRI SHIVA PRASAD – Appellant
Versus
THE STATE BY KARNATAKA – Respondent


ORDER

The petitioners have challenged the charge-sheet dated

13.06.2019 filed in Crime No.27/2019 by the respondent - police station against them for the offences punishable under Sections 3 and 5 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 (henceforth referred to as 'Act of

1981' for short) and Sections 427 and 149 of IPC. The petitioners have also challenged the order dated 14.06.2019 taking cognizance of the aforesaid offences by the learned Additional Senior Civil Judge and CJM, Tumakuru and the registration of C.C.No.115/2019 and all further proceedings.

2. The petitioners contend that the respondent No.2 had lodged a report with the jurisdictional police on 25.05.2019 alleging that some unknown persons had stuck some posters at Batawadi Y Junction and some other places with a malafide intention to besmirch the image of his leader and therefore, requested for action. Based on the above, the respondent No.1 registered Crime No.27/2019 for an offence punishable under Section 427 of IPC and Sections 3 and 5 of the Act of 1981. The respondent No.1 thereafter filed a charge-sheet against the petitioners. The Trial Court is stated to have taken cognizance of th

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