Criminal Petition No. 13364 of 2010 · Andhra Pradesh High Court

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the complaint in STC.No.63 of 2009 on the file of the Court of

Judicial Magistrate of First Class, Shadnagar, for the offence of violation of rules under Sections 171-E and 171-H IPC.

The facts of the case, in brief, are that on 01.04.2009 at 6.45 am, the SI of Polcie, Shadnagar, along with one Katike Srinivasulu and C.Venkataiah while conducting vehicle check on NH-7 near Baba Dhaba in the limits of Raikal Village, stopped one Scorpio vehicle bearing No.AP-09-BQ-7855 and found the petitioner proceeding from Hyderabad to Wanaparthy, who stated that he was contesting as a candidate for Wanaparthy Assembly Constituency on behalf of Praja Rajyam Party and on search, the SI of Police found net cash of Rs.2,08,350/- having denomination of Rs.1000x200, Rs.500x8, Rs.50x87 and 2,500 caps having logo of Praja Rajyam party in the vehicle without any authorization.

Learned counsel for the petitioner contended that mere carrying cash and caps having party logo does not attract penal provisions under Sections 171-E and 171-H IPC and at best it may amount to the provisions of Representation of the People Act, 1951, and therefore, continuation of proceedings is nothing but abuse of process of Court.

Learned Public Prosecutor submitted that since cash amounting to more than Rs.2,00,000/- and 2,500 caps having party logo were seized, the offences punishable under Sections 171-E and 171-H IPC would prima facie attract.

At this stage, if uncontroverted allegations in the charge sheet made out offences punishable under Section 171-E and 171-H IPC, the question of quashing the complaint does not arise.

Section 171-E IPC prescribes punishment for bribery. Bribery is defined under Section 171-B IPC as under. (1) Whoever- (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person so having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery; (2) A person who offers, or agrees to give, or offers or attempts to procure a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done shall be deemed to have accepted the gratification as a reward.

In this case, there is no allegation that the petitioner was giving gratification to any person for inducing him to cast his vote or any person accepted the said amount. Mere carrying cash and caps having party logo by itself would not attract the definition of bribery under Section 171-B IPC punishable under Section 171-E IPC.

Similarly Section 171-H IPC reads as under. Illegal payments in connection with an election:- Whoever without the general or special authority in writing of a candidate incurs or authorizes expenses on account of the holding of any public meeting or upon any advertisement, circular or publication, in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees.

While the cash was being carried in a vehicle along with 2,500 caps having party logo, the vehicle was intercepted by the police and they seized the same. Even the entire allegations in the complaint and the mediators report are taken as true and correct at this stage, they do not constitute offences under Sections 171-E and 171-H IPC and continuation of proceedings is nothing but abuse of process of Court.

Accordingly, the Criminal Petition is allowed and the complaint in STC.No.63 of 2009 on the file of the Court of Judicial Magistrate of First Class, Shadnagar, is hereby quashed. Miscellaneous petitions, if any, pending shall stand closed. _____________ (K.C.BHANU, J) 13th December 2012 RRB