Case Note & Summary
The petitioner, Thipparaju S/o Siddappa Hawaldar, a BJP candidate for the Raichur Rural Constituency in the 2013 Karnataka Assembly elections, filed a criminal petition under Section 482 CrPC seeking quashing of proceedings in C.C.No.28/2015 (arising from Crime No.76/2013) pending before the Additional Senior Civil Judge and JMFC-I, Raichur. The prosecution alleged that on 16.04.2013, during the submission of nomination papers, the petitioner engaged unauthorized private vehicles by paying money to vehicle owners to bring voters and campaign, thereby committing offences under Sections 171E (bribery) and 171F (undue influence) of the Indian Penal Code, 1860, and Section 125 of the Representation of the People Act, 1951 (unlawful conveyance of voters). The complaint was lodged by Sikandar Basha, a Government Gazetted Officer and Flying Squad Chief. The petitioner contended that the proceedings were barred by law as no sanction under Section 196 of the Code of Criminal Procedure, 1973 was obtained for prosecution under Chapter IXA IPC, and no complaint as required under Section 195 CrPC was filed by the Election Commission or an authorized officer for the offence under Section 125 RP Act. The High Court, after hearing both sides, held that the mandatory sanction under Section 196 CrPC was not obtained, and the complaint by the Flying Squad Chief was not by an authorized officer under Section 195 CrPC. Consequently, the court quashed the entire proceedings in C.C.No.28/2015, allowing the petition.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 196 CrPC - Mandatory Sanction - Prosecution for offences under Chapter IXA IPC (Sections 171E, 171F) requires prior sanction of the appropriate government or Election Commission - Held that in the absence of such sanction, the entire proceedings are vitiated and liable to be quashed (Paras 5-7). B) Representation of the People Act - Complaint by Election Commission - Section 125 RP Act - Court of Session can take cognizance only on complaint by Election Commission or authorized officer - Held that the complaint by a Flying Squad Chief, not being an authorized officer, is not maintainable (Paras 5-7). C) Criminal Procedure Code - Bar on Taking Cognizance - Section 195 CrPC - No court shall take cognizance of offences under Sections 171E, 171F IPC except on complaint in writing by the person aggrieved or by a person authorized - Held that the proceedings initiated without such complaint are invalid (Paras 5-7).
Issue of Consideration
Whether the criminal proceedings against the petitioner for offences under Sections 171E and 171F of IPC and Section 125 of the Representation of the People Act, 1951 can be sustained in the absence of mandatory sanction under Section 196 of CrPC and proper complaint under Section 195 CrPC.
Final Decision
The High Court allowed the petition and quashed the entire proceedings in C.C.No.28/2015 (Crime No.76/2013) pending before the Additional Senior Civil Judge and JMFC-I, Raichur.
Law Points
- Sanction under Section 196 CrPC is mandatory for prosecution of offences under Chapter IXA IPC
- Lack of sanction renders proceedings void ab initio
- Section 125 of Representation of the People Act
- 1951 requires complaint by Election Commission or authorized officer
