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Maluru ES EN Krishaniah Setty vs State of Karnataka

Karnataka High Court · Decided on 1 December 2011 · Citation: (2011) 12 KAR CK 0211

HON’BLE JUDGES
B.V. Pinto, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 468 (1) (b) · Representation of the Peoples Act, 1951 — Section 127
RESULT
Allowed
CASE NUMBER
Criminal P. No. 4353 of 2011
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Judgment

4 paragraphs · 192 words

B.V. Pinto

1.

This petition is filed seeking to quash the proceedings in C.C.No. 89/2009 of Mulabagalu Police Station now registered as C.C.No. 165/2011 on the file of Principle Civil Judge (Jr.Dn.) and JMFC, Mulbagal for offence u/s 127 of Representation of Peoples Act.

2.

Heard Sri K.A. Chandra Shekara, Learned Counsel for the petitioner and Sri Satish R. Girji, learned HCGP for the respondent - State.

3.

It is submitted by the Learned Counsel for the petitioner that the incident had happened on 20.03.2009, the ease was registered on 30.03.2009 and charge sheet is filed 25.10.2010 for offence u/s 127 of Representation of Peoples Act, which is punishable with imprisonment which may extend to six months or fine or with both. The limitation to take cognizance is one year. Accordingly, it is seen that the offence has been taken cognizance of beyond the period of limitation as prescribed u/s 468(1)(b) of Cr.P.C. Accordingly, the petitioner is entitled to succeed. The petition is allowed. The proceedings in C.C.No. 165/2011 on the file of Principle Civil Judge (Jr.Dn.) and JMFC, Mulbagal are hereby quashed only in so far as this petitioner is concerned.