Case Note & Summary
The applicant, Sagar D. Meghe, was contesting parliamentary elections in 2014. During the election period, police at Dattapur Police Station set up a check point and intercepted a Scorpio vehicle driven by co-accused Manoj Dhatewar. The vehicle was used in the election campaign for the applicant's candidature. During search, police found cash of Rs.4.75 lakh, two liquor bottles, and election material in the form of stickers of the political party. The Tahsildar lodged a report, resulting in registration of Crime No.3026 of 2014. The police filed charge-sheet bearing SCC No.329 of 2014 for offences under Sections 171-H, 188 of the Indian Penal Code (IPC) and Section 123 of the Representation of the People Act, 1950 (the Act). The applicant filed an application under Section 482 of the Code of Criminal Procedure (CrPC) seeking quashing of the charge-sheet. The court examined each penal provision invoked. Section 123 of the Act is not a penal provision but merely defines 'corrupt practices'. Section 171-H IPC requires that the accused voluntarily makes a payment of money or other gratification for the purpose of inducing a person to vote or refrain from voting, but there was no allegation that the applicant made any payment to any person. Section 188 IPC requires that there must be an order duly promulgated by a public servant and the accused must have knowledge of such order and disobey it, but there was no allegation of any order being promulgated or disobeyed. The court held that even if the prosecution case is accepted at its face value, none of the provisions would attract, and no prima facie case has been made out. The court allowed the application and quashed the charge-sheet.
Headnote
A) Criminal Law - Quashing of Charge-Sheet - Section 482 CrPC - Inherent Powers - The applicant sought quashing of charge-sheet for offences under Sections 171-H, 188 IPC and Section 123 of the Representation of the People Act, 1950 - Court examined each provision and found no prima facie case - Held that Section 123 of the Act is not a penal provision and Sections 171-H and 188 IPC do not apply on facts (Paras 3-6). B) Election Law - Corrupt Practices - Section 123 Representation of the People Act, 1950 - Definition Clause - Section 123 of the Act merely defines 'corrupt practices' and does not create any penal offence - Held that no charge can be framed under this section (Para 6). C) Indian Penal Code - Illegal Payments in Connection with Election - Section 171-H IPC - Ingredients - Section 171-H requires that the accused voluntarily makes a payment of money or other gratification for the purpose of inducing a person to vote or refrain from voting - In the present case, cash was seized from a vehicle used in election campaign but there is no allegation that the applicant made any payment to any person - Held that Section 171-H is not attracted (Para 6). D) Indian Penal Code - Disobedience to Order Promulgated by Public Servant - Section 188 IPC - Ingredients - Section 188 requires that there must be an order duly promulgated by a public servant and the accused must have knowledge of such order and disobey it - In the present case, there is no allegation of any order being promulgated or disobeyed - Held that Section 188 is not attracted (Para 6).
Issue of Consideration
Whether the charge-sheet against the applicant for offences under Sections 171-H, 188 IPC and Section 123 of the Representation of the People Act, 1950 should be quashed for lack of prima facie case.
Final Decision
The court allowed the application and quashed the charge-sheet bearing SCC No.329 of 2014 arising out of Crime No.3026 of 2014 registered with Dattapur Police Station, District Amravati for the offences punishable under Sections 171-H, 188 IPC and Section 123 of the Representation of the People Act, 1950.
Law Points
- Section 123 of the Representation of the People Act
- 1950 is not a penal provision
- Section 171-H IPC requires illegal payment in connection with election
- Section 188 IPC requires disobedience to an order duly promulgated by public servant
