In a relief to Former Chief Minister of Karnataka, H D Kumaraswamy, the Karnataka High Court has quashed and set aside, three proceedings initiated and pending before a court, against him in 2014, under sections 188 of IPC and 341 of IPC at Chikkaballapura.
Justice R Devdas while quashing the proceedings under section 341 of Ipc said "There is no specific allegation or personal allegation against the petitioner that he was guilty of restraining any person wrongfully. On the other hand, it is stated in the complaint that the workers of the political party have caused inconvenience to the general public by blocking the road. Therefore, it is submitted that the said allegation not being specific to the petitioner, the FIRs' are required to be quashed."
Kumaraswamy had approached the court to quash the three different complaints lodged by an Electoral Officer appointed by the Chief Election Commissioner, to monitor the elections, that took place in the month of March, 2014.
Counsel for Kumaraswamy relied on three decisions of co-ordinate benches of this Court. Sri M.Veerappa Moily /vs./ State of Karnataka and another, in the case of K.S.Eshwarappa /vs./ The State of Karnataka and another and in the case of H.D.Kumaraswamy /vs./ State of Karnataka and another, to argue that unless and until there is a private complaint under Section 200 Cr.P.C. made to the Magistrate, the offence punishable under Sections 172 and 188, both inclusion of IPC cannot be taken cognizance of.
The HCGP submitted that though the other provision, Section 188 is covered by the judgment of the Co-ordinate bench however, Section 341 is not covered.
The court said "This Court is of the opinion that the petitions are required to be allowed and are accordingly allowed. Liberty is granted to the respondent to initiate the proceedings in accordance with law, if so advised."
Senior counsel D.L.Jagadeesh, along with Advocate Rakshita D J appeared for petitioner H D Kumaraswamy.
Advocate Mahesh Shetty appeared for the respondents.
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