Case Note & Summary
The petitioners filed a petition under Section 482 Cr.P.C. seeking quashing of the order dated 13.07.2018 passed by the Civil Judge and JMFC, Muddebihal in C.C.No.167/2018, taking cognizance for offences under Section 171H IPC and Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. The complaint was lodged by Basavaraj, who was deputed for election duty during the 2018 assembly elections. The complaint alleged that the petitioners pasted posters on the wall of a private building. The court analyzed the ingredients of Section 171H IPC, which requires hiring or procuring for the purpose of exhibiting election matter. The court found that the complaint did not allege any hiring or procuring, and mere pasting of posters does not constitute the offence. Regarding the Karnataka Open Places Act, the court noted that the Act defines 'open place' as any place intended for use by the public, and the wall of a private building is not an open place. The court held that the allegations did not disclose any offence and quashed the cognizance order.
Headnote
A) Criminal Law - Section 171H IPC - Hiring or procuring for election purposes - The offence under Section 171H IPC requires that the accused must have hired or procured any vehicle or other means of conveyance or any other person for the purpose of exhibiting any election matter. Mere pasting of posters without evidence of hiring or procuring does not attract the offence. The court quashed the cognizance order as the complaint did not allege any hiring or procuring. (Paras 5-8) B) Criminal Law - Karnataka Open Places (Prevention of Disfigurement) Act, 1981 - Section 3 - Disfigurement of open place - The Act defines 'open place' as any place intended for use by the public. Pasting posters on the wall of a private building does not constitute disfigurement of an open place. The court held that the wall of a private building is not an open place under the Act. (Paras 9-10) C) Criminal Procedure Code, 1973 - Section 482 - Inherent powers - The High Court can quash proceedings if the allegations do not disclose any offence. The court exercised its inherent powers to quash the cognizance order as the complaint lacked essential ingredients of the alleged offences. (Para 11)
Issue of Consideration
Whether the order taking cognizance for offences under Section 171H IPC and Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 is sustainable in law.
Final Decision
Petition allowed. The order dated 13.07.2018 passed by the Civil Judge and JMFC, Muddebihal in C.C.No.167/2018 taking cognizance for offences under Section 171H IPC and Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 is quashed.
Law Points
- Section 171H IPC requires hiring or procuring for purpose of exhibiting election matter
- mere pasting of posters without such hiring or procuring does not constitute offence
- Section 3 of Karnataka Open Places (Prevention of Disfigurement) Act
- 1981 requires disfigurement of open place
- pasting posters on wall of private building not an open place under the Act
