Karnataka High Court Quashes Case Against MLA For Allegedly Using Loudspeaker 2 Minutes After 10 PM Deadline

Update: 2026-08-28 11:15 GMT

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The Karnataka High Court has recently quashed an FIR registered against Bidar Congress MLA Rahim Khan for allegedly using a loudspeaker for election campaigning two minutes beyond the permitted time of 10 PM. [2026 LiveLaw (Kar) 319]

The single judge bench of Justice M. Nagaprasanna, while allowing the MLA's plea, held that a difference of merely two minutes cannot be treated as an offence, particularly when there is no standard clock prescribed for determining the exact time.

“…Two minutes in what, which is the standard clock that is seen, is not even indicated. According to the flying squad, it is two minutes. According to the petitioner, it was only 10 p.m. For two minutes, a crime is registered on this disputed question of fact…”, the Court pointed out.

According to the Flying Squad, the petitioner, while contesting the 2023 Karnataka Legislative Assembly elections from Bidar Uttar Constituency, carried on with the election campaign using a loudspeaker until 10.02 PM when it should have been wound up by 10 P.M.

The flying squad officer, citing the same, lodged a complaint before the Bidar Rural Police Station. An FIR was registered in 2023 for offences under Sections 143 (unlawful assembly), 147 (rioting), 290 (public nuisance) read with Section 149 (common object) of the Indian Penal Code, and Section 109 of the Karnataka Police Act, 1963.

“…If it were to be beyond 10, 15 or 20 minutes, then there would have been some semblance of allegation. 120 seconds in which clock, is not indicated. Therefore, there cannot be an offence of the kind that is projected by the flying squad…”, the court noted, after analysing the factual circumstances.

Before the High Court, Adv. Naveed Ahmed for the MLA submitted that the petitioner's watch showed 10 PM at the relevant time. The MLA argued that if the flying squad officer's watch showed 10:02 PM, a crime can't be registered on that basis as there is no 'standard clock' prescribed for such violations.

The state, on the other hand, contended that it is a seriously disputed question of fact as to whether the petitioner continued to use the loudspeaker beyond 10 PM, and hence the proceedings could not be quashed at this point in time.

The Court referred to the landmark judgment of the Supreme Court in State of Haryana v. Bhajan Lal, 1992, to hold that even if the allegations are assumed to be true, they would not constitute an offence.

Accordingly, the criminal petition was allowed and the pending proceedings before the Bidar Court was quashed.