Judgment · High Court
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- Para 77. In the result, Criminal Petition is allowed. Miscellaneous Petitions, if any, filed in this Criminal Petition shall stand closed. __________________ K.S.APPA RAO,J 07th September,2012 Tsy
Judgment
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.314 of 2009 in Cr.No.50 of 2009 pending on the file of the learned IV
Additional Judicial First Class Magistrate, Chittoor.
The present petitioner is A3 in the aforesaid C.C. It is the case of the prosecution that the 2nd respondent raided the house of A1 and seized 392 sarees, 52 C.Ds, 43 party symbol caps, 43 party symbol flags and pamphlets belonging to Prajarajyam party during the Assembly elections, violating the Election Code and in pursuance of the confession the case against A3 is registered as he being the contesting candidate of Chittoor Assembly Segment for Prajarajyam party.
Learned counsel for the petitioner would submit that the case against A2 is foisted due to political influence and that the petitioner-A3 is nothing to do with the seizure of the material and therefore the proceedings against him may be quashed.
Now the point for consideration is whether there are any grounds to quash the proceedings against the petitioner-A3 under Section 482 Cr.P.C.
As seen from the charge sheet, the police in pursuance of confession of A1, that the petitioner-A3 being the contesting candidate of Chittoor Assembly Segment for Prajarajyam party has supplied the aforesaid material through A2, an employee in the JMC company, registered the case against the petitioner-A3. However, nowhere in the charge sheet it is mentioned that this petitioner is found supplying the said material to the voters requesting to cast their vote in his favour.
Having regard to the facts and circumstances, prima facie there is no material to proceed against the petitioner-A3 and therefore the continuance of proceedings against the petitioner herein-A3 is nothing but abuse of process of law. Accordingly, the proceedings against the petitioner-A3 are hereby quashed.
In the result, Criminal Petition is allowed. Miscellaneous Petitions, if any, filed in this Criminal Petition shall stand closed. __________________ K.S.APPA RAO,J 07th September,2012 Tsy
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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