Case Note & Summary
The petitioner, A Manju, was the BJP Lok Sabha candidate for the Hassan constituency. On 17.04.2019, the complainant, Balakrishna G.M., a flying squad member appointed for monitoring election rules during the Lok Sabha elections, filed a complaint alleging that the petitioner violated the Model Code of Conduct by holding a meeting and distributing pamphlets during the prohibited period. Based on this, Crime No.56/2019 was registered at Hassan City Police Station for offences under Section 188 IPC and Section 126 of the Representation of People Act, 1950. The petitioner filed a petition under Section 482 Cr.P.C. seeking quashing of the proceedings in C.C.No.3944/2019. The High Court heard arguments from both sides. The court noted that the offence under Section 188 IPC is non-cognizable and requires a complaint in writing by the public servant concerned under Section 195 Cr.P.C. Since no such sanction was obtained, the proceedings were invalid. Regarding Section 126 R.P. Act, the court observed that the provision prohibits public meetings during the 48-hour period before the conclusion of polling, but the complaint did not specify the exact time of the meeting, and the Model Code of Conduct violation does not automatically constitute an offence under this section. The court held that continuing the proceedings would be an abuse of process of law and quashed the entire proceedings in C.C.No.3944/2019.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Lack of Sanction - Proceedings under Section 188 IPC and Section 126 of R.P. Act cannot be initiated without prior sanction under Section 195 Cr.P.C. as the offence under Section 188 IPC is non-cognizable and requires complaint by the public servant concerned - Held that the absence of sanction renders the proceedings liable to be quashed (Paras 5-7). B) Representation of People Act - Election Offences - Section 126 R.P. Act - Model Code of Conduct - The allegation of violating the Model Code of Conduct by holding a meeting during the prohibited period does not constitute an offence under Section 126 R.P. Act as the provision prohibits public meetings during the 48-hour period before the conclusion of polling, but the complaint did not specify the exact time of the meeting - Held that the proceedings are an abuse of process of law (Paras 4-8).
Issue of Consideration
Whether criminal proceedings under Section 188 IPC and Section 126 of the Representation of People Act, 1950 can be sustained without prior sanction under Section 195 Cr.P.C. and whether the alleged violation of the Model Code of Conduct constitutes an offence under these sections.
Final Decision
The petition is allowed. The entire proceedings in C.C.No.3944/2019 pending on the file of Prl. Civil Judge and JMFC, Hassan, arising out of Crime No.56/2019 for offences under Section 188 IPC and Section 126 of the Representation of People Act, 1950, are quashed.
Law Points
- Quashing of criminal proceedings
- Section 482 Cr.P.C.
- Section 195 Cr.P.C.
- Section 188 IPC
- Section 126 Representation of People Act
- 1950
- Model Code of Conduct
- Election Commission directions
- Sanction for prosecution
