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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 15^TH DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION No.200973/2019

BETWEEN:

K.B. SRINIVAS

S/O H. TIMMAREDDY

AGE: 53 YEARS, OCC: BUSINESS

R/O H.NO.53, SHANTINAGAR

COLLEGE ROAD, HOSPET-587106

… PETITIONER

(BY SRI R.V. NADAGOUDA, ADVOCATE)

AND:

THE STATE OF KARNATAKA

REPRESENTED BY ADDL. SPP

HIGH COURT OF KARNATAKA

KALABURAGI BENCH-585106

(THROUGH STATION BAZAR, P.S.,

DIST. KALABURAGI-585101)

… RESPONDENT

(BY SRI SHARANABASAPPA M. PATIL, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE

ORDER OF TAKING COGNIZANCE, REGISTRATION OF CASE AND

ISSUANCE OF SUMMONS DATED 13.11.2018 PASSED IN

C.C.NO.5902/2018 (CRIME NO.74/18 OF ASHOK NAGAR POLICE

STATINON)

ON

THE

FILE

OF

V-ADDITIONAL

JMFC

AT

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KALABURAGI,

FOR

THE

OFFENCES

PUNISHABLE

UNDER

SECTIONS 171(H) AND 188 OF IPC.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent-State.

2.

This petition is filed under Section 482 of

Cr.P.C., praying this Court to quash the order of taking

cognizance, registration of case and issuance of summons

dated 13.11.2018 passed by V-Additional Civil Judge and

JMFC,

Kalaburagi,

in

C.C.No.5902/2018

(Crime

No.74/2018 of Ashok Nagar Police Station) for the offences

punishable under Sections 171(H) and 188 of IPC.

3.

Factual

matrix

of

the

case

is

that

on

28.05.2018 the complainant has filed complaint against

the petitioner stating that he was appointed as Flying

Squad in respect of particular election and he found

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affixing

pamphlets

of

this

petitioner.

Hence,

the

complainant has alleged in the complaint that this

petitioner has violated the provisions of Representation of

People Act. The complaint was given to the police

inspector. Based on the complaint, the police have

registered the case, investigated the matter and filed

chargesheet for the offences punishable under Sections

171H and 188 of IPC. The learned Magistrate took

cognizance for both the offences. Hence, the present

petition is filed.

4.

The learned counsel for the petitioner would

vehemently contend that when the offence under Section

188 of IPC is invoked, it requires filing of private complaint

as contemplated under Section 195 of Cr.P.C. and before

registering the complaint not complied with Section 155(2)

of Cr.P.C., and hence it requires interference of this Court.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State would submit

that no private complaint is filed, but the complaint is

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given by the Flying Squad with regard to violation of the

provisions of Representation of People Act. Though the

complaint

discloses

violation

of

the

provisions

of

Representation of People Act, case is registered for the

offences punishable under Sections 171H and 188 of IPC

and the chargesheet is filed for those offences.

6.

Having heard the learned counsel appearing

for the petitioner and the learned High Court Government

Pleader appearing for the respondent-State and on perusal

of Section 171H of IPC, the same can be invoked for illegal

payments in connection with election. But on perusal of

the complaint, that is not the case of the prosecution. The

prosecution case is that the petitioner has affixed bills

without taking the permission on Ram Mandir building as

well as on Jewargi road. Hence, the allegations made in

the complaint do not attract the ingredients of Section

171H of IPC. The Investigating Officer has not applied his

mind before invoking Section 171H of IPC Apart from that,

offence under Section 188 of IPC is invoked. Whenever the

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offence under Section 188 of IPC is invoked, a priva