Election Campaign: Karnataka High Court Quashes 4 Yrs Old Case Against Congress MP DK Suresh

The Karnataka High Court has quashed a case registered in the year 2019, under sections 171H of the Indian Penal Code, and Section 133 of the Representation of People Act, against Congress MP D.K. Suresh for allegedly campaigning in an open vehicle without obtaining due permission from the authorities.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Suresh and quashed the proceedings.

The bench took into account the submission made by the counsel for the petitioner that a coordinate bench of the court had quashed the proceedings against co-accused in the case.

As per the complaint made by the flying squad officer in April 2019, the accused were campaigning in front of the Hiriyur Open Auditorium in an open vehicle. It was further revealed upon enquiry that no permission was obtained to campaign at that place.

The coordinate bench while considering the case of the co-accused in its order dated September 27, 2022 had noted that charge sheet filed for offence under Section 171H of IPC has nothing to do with the facts as made out in the complaint as recorded in the FIR. The provision relates to illegal payments in connection with an election. It had also noted that the procedure under Section 155 CrPC regarding obtaining of permission for non-cognizable offence was not followed. 

Following the coordinate bench judgment, the bench said “Learned HCGP would admit that the Co-ordinate Bench has quashed the proceedings against accused Nos.1 and 5 and the offences alleged against petitioner/accused No.2 are identical to what was alleged against accused Nos.1 and 5. Therefore, for the very reasons rendered by the Co-ordinate Bench, quashing the proceedings against the present petitioner also stands quashed.”

Case Title: D K Suresh And State of Karnataka

Case No: CRIMINAL PETITION NO. 10599 OF 2022

Citation: 2023 LiveLaw (Kar) 218

Date of Order: 02-06-2023

Appearance: Advocate Arnav Bagalwadi for petitioner

HCGP Mahesh Shetty for Respondents.

Click Here To Read/Download Order