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Judgment
Heard the learned counsel for the petitioner. The petition coming on for admission, is considered for final disposal.
The petitioner is said to be accused of offences punishable under Section 171-E of the Indian Penal Code, 1860. The allegation was that the petitioner was said to be a party worker of the Indian National Congress and since the Assembly elections for the year 2013 were on, it transpires that the police had searched the house of the petitioner on suspicion of the petitioner possessing large amount of cash for purposes of distribution to entice voters to vote for the party that he supported. It is the case of the prosecution that a sum of Rs.77,925/- was recovered from his house and therefore, it was alleged that the petitioner was indulging in distributing money and bribing the public, to vote for his party. It is on this allegation that a charge-sheet has been filed and the case is now registered as Criminal case in C.C.No.703/2013 on the file of the Principal Civil Judge (Jr.Dn) & JMFC-II, Hassan.
The learned counsel for the petitioner would point out that the sum of Rs.77,925/- is a nominal amount in relation to the bribe amounts that are distributed at any election and the petitioner was himself well-to-do and was managing his own school. The mere fact that he was a supporter of a particular political party, would not lead to a presumption that any money found in his house would be used for such illegal purposes as alleged.
It is not the case of the prosecution that he was found distributing the money to the general public, but the money was found after the police conducted a search of his house. Therefore, there is no prima facie case made out of the petitioner having indulged in any illegal activity. The case is apparently foisted at the instance of rival political parties.
The learned Government Pleader would not seriously oppose the contentions, as the record would indeed indicate that the money was not seized from the person of the petitioner, but from his house, after a search. This would not disclose that there was any offence being committed by the petitioner or that he was caught red-handed while distributing money to the general public. Consequently, the proceedings are a waste of judicial time and can even be characterized as resulting in a miscarriage of justice.
Therefore, the petition is summarily allowed. The proceedings pending in C.C.No.703/2013 on the file of the Civil Judge (Jr.Dn) & JMFC-II, Hassan, stands quashed.