Case Note & Summary
The petitioners, Smt. Shashikala Annasaheb Jolle (MLA of Nippani) and Smt. Thara @ Thara Anuradha (MLC), were accused in C.C. No.350/2015 arising out of Crime No.88/2014 on the file of the Prl. Civil Judge and JMFC, Chikodi. The complaint was lodged by one Hanameshappa S., a State Government employee posted as Sector Officer I during bye-elections to elect MLA in the constituency of Chikkodi Sadalaga. The complaint alleged offences punishable under Section 171E of the Indian Penal Code, 1860 and Section 123 of the Representation of the People Act, 1951. The petitioners filed a petition under Section 482 of the Criminal Procedure Code, 1973 seeking quashing of the complaint, the proceedings, and the order dated 07.05.2015 taking cognizance and issuing process against them. The ground for quashing was procedural irregularity in conducting the investigation and filing the charge-sheet. The High Court of Karnataka at Dharwad, presided by Justice S.N. Satyanarayana, allowed the petition and quashed the complaint and all proceedings pursuant thereto, including the order taking cognizance. The court held that the procedural irregularity in investigation and filing of charge-sheet warranted the quashing of the proceedings.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Procedural Irregularity - Petitioners sought quashing of complaint and proceedings alleging procedural irregularity in investigation and filing of charge-sheet - Court allowed the petition and quashed the proceedings - Held that procedural irregularity in investigation and filing of charge-sheet warrants quashing of proceedings (Paras 1-3).
Issue of Consideration
Whether the complaint and proceedings in C.C. No.350/2015 for offences under Section 171E IPC and Section 123 of the Representation of the People Act, 1951 should be quashed on the ground of procedural irregularity in investigation and filing of charge-sheet.
Final Decision
The petition is allowed. The complaint registered and the proceedings in C.C. No.350/2015 (Cr. No.88/2014) on the file of the Prl. Civil Judge and JMFC, Chikodi, as well as the order dated 07.05.2015 taking cognizance and issuing process against the petitioners, are quashed. All further proceedings pursuant thereto are set aside.
Law Points
- Section 482 CrPC
- Section 171E IPC
- Section 123 Representation of the People Act
- 1951
- procedural irregularity in investigation
- quashing of criminal proceedings
