The petitioner is before this Court calling in

question

the

proceedings

in

C.C.

No.30801/2021

registered for the offences punishable under Section

171(H) of the Representation of People Act, 1931 and

1988 read with Section 133 of the IPC.

Learned counsel for the petitioner submits that

the issue in the lis stands covered by the judgments

rendered by this Court in the case of Thamanna D.C. and

another vs. State of Karnataka and another in Crl.P.

No.4524/2022, disposed off on 27.09.2022 and in the case

of D.K.Suresh vs. State of Karnataka and another in Crl.P.

No.10599/2022 disposed off on 02.06.2023, wherein the

identical issues were raised and have been answered in

favour of the petitioners therein. This Court has held as

follows:

“In Crl.P. No.4524/2022:

- 3 -

3. After investigation, charge sheet has

been filed.

Column No.17 of the charge sheet reads

as follows:

"17. ನ ಪ ಂಶ

ಂಕ:- 20-04-2019 5,00

ಎಂ ಭ ವ ಪ ! "#ೕ%

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ರವ. 02 ,ಂದ 05 ರವ4ಂ

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+,-.

/ ಮದ

ಬಯ8

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;

12

ರ#2

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34

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84.72

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(ಹನದ#2 Uವ'V:,ಯವ,ಂದ, WXY

ಅZಮಯZ[ ಪ\]ಳ_ Y ವHಜaಕರZ[

b,]ಂc ಬ+ಗ ಪ dರ ef Uವ'

aೕ +Rಯ ಉಲ2 ಲi ef.X ಈ ವSk

ನ\.ವ ತalmಂದ nಢಪQp .ತ q.

ಆದ6 ,ಂದ rಲs ಂಡ ಆ?ತ.ಗಳ rt

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171

(vw)

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- 4 -

4. Thus, it is clear that the only offence

made out in the charge sheet is Section 171H

of IPC. Section 171H of IPC is an offence that

relates to illegal payments in connection with

an election. The offence as made out under

Section 171H is as regards incurring or

authorizing expenses on account of holding of

any public meeting or making expenditure

relating

to

advertisement,

circular

or

publication or for the purpose of promoting or

procuring the election of such candidate. It is

clear that expenditure to be incurred must be

with general or special authority in writing of

the candidate. The information given to the

police

authorities

relate

to

the

act

of

campaigning without permission and that is

also the sum and substance of the charge

sheet at Column No.17, which is reproduced

above. Clearly, the facts that have made out

the offence is not the offence under Section

171H of IPC. Charge sheet filed for offence has

nothing to do with the facts as made out in the

complaint as recorded in the FIR as weil as

made out in Column No.17 of the charge

sheet.

- 5 -

5. It is necessary to state that apart from

the matter on merits, the procedure under

Section 155 of Cr.P.C. also regarding obtaining

of permission for non- cognizable offence has

not been followed. It is necessary to observe

that the investigation that is conducted is

clearly sloppy investigation and there appears

to be no bonafides in making genuine efforts to

file charge sheet. Keeping in mind the nature

of offence made out as narrated above the

offence under Section 171H of IPC has nothing

to do with the facts as made out in the FIR and

charge sheet. It is only expected that serious

efforts be made by those entrusted with duties

to ensure adherence to election code of

conduct which would go a long way in

preserving purity of the election process.

6.

Accordingly,

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), is quashed

insofar as the petitioners are concerned.

In Crl.P. No.10599/2022:

- 6 -

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 Cri 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

XL