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2023 Supreme(Online)(Kar) 31582

KARNATAKA HIGH COURT
SOMALINGAPPA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


ORDER

Petitioner is before this Court seeking quashment of the proceedings in C.C.No.15920/2022 registered for the offence punishable under Section 171H of the IPC.

2. Heard the learned Counsel Sri Anandeeswara appearing for the petitioner and the learned HCGP for respondent no.1.

3. Brief facts that leads the petitioner to this Court in subject petition as projected by the prosecution are as follows:

On 21.04.2018, the petitioner files his nomination in the Assembly Constituency of Siraguppa. The allegation is that the petitioner has reached the office where nomination had to filed along with vehicles which were unauthorized. It is on basis a crime comes to be registered against the petitioner on 23.04.2018 for the offence punishable under Section 171H of the IPC. The police after investigation filed a charge sheet against the petitioner for the said offence. It is filing of the charge sheet that drives the petitioner to this Court in the subject petition.

4. Learned Counsel appearing for the petitioner would contend that Section 171H is a non-cognizable offence and on a non-cognizable offence if the crime has to be registered, it has to be with the permission of the learned Magistrat

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