MALINI UDUPA @ MALINI J UDUPA vs STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 1906 of 2024


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026


BEFORE


THE HON'BLE MR. JUSTICE RAJESH RAI K


CRIMINAL PETITION NO. 1906 OF 2024


BETWEEN:

1. MALINI UDUPA @ MALINI J UDUPA
W/O JANARDHANA UDUPA,
AGED ABOUT 54 YEARS,
SHOP AT SHRIDHARA DIGITAL PRINTERS
AND ELECTRICAL,
VINOBANAGAR,
SAGAR, SHIVAMOGGA-577 401

2. V.K VIJAYA KUMAR @ VIJAY KUMAR
S/O KRISHNAMURTHY,
R/AT 20, MARIKANBA ROAD,
SAGAR, SHIMOGGA,
KARNATAKA-577 401







Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

…PETITIONERS
(BY SRI. HITESH GOWDA B.J, ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY SAGAR TOWN PS,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.

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CRL.P No. 1906 of 2024


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2. NATARAJA K.R
AGE ABOUT MAJOR,
FATHER NAME NOT KNOWN,
KANNADA PRIMARY SCHOOL,
ANANDAPURA,
FLYING SQUAD, OFFICER FST 5B,
ANANDAPURA HOBLI,
SHIVAMOGGA,
KARNATAKA-577 412.
…RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1,
R2 - SERVED)

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONERS IN C.C.NO.1113/2023 AT ANNEXURE-A FOR THE
OFFENCE P/U/S 127A OF THE REPRESENTATION OF PEOPLE
ACT, 1950, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE
AND J.M.F.C., SAGAR, SHIVAMOGGA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This petition is filed under Section 482 of Cr.P.C seeking
to quash proceedings against the petitioners - accused Nos.1
and 2 in C.C.No.1113/2023 (arising out of Crime No.83/2023
registered by Sagar Town Police Station), for the offences

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CRL.P No. 1906 of 2024


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punishable under sections 127A of Representation of People
Act, 1950, 1951, 1989 (for short, 'the Act'), presently pending
on the file of Prl. Civil Judge and JMFC, Sagar, Shivamogga (for
short, 'the learned Magistrate').
2. The brief facts of the case are that respondent No.2
lodged a complaint before respondent No.1-Police on
20.04.2023 alleging that he was working as a teacher and was
also part of Flying Squad Team (FST-5B) at Kannada Primary
School, Anandapura Hobli, Shivamogga. On 19.04.2023 at
about 12.00 noon, the Police Sub-Inspector, along with the
Tahsildar and members of the FST, visited the printing press of
petitioner No.1. At that time, petitioner No.1 was not present in
the printing press. However, the respondent No.2 seized 2,000
pamphlets printed by petitioner No.1 on the request of
petitioner No.2. It is further alleged that petitioner No.2 had
not obtained the requisite approval from the Election
Commission for printing the said pamphlets. Consequently,
notice was issued to petitioner No.1 by the Executive
Officer/MCC Nodal Officer, Sagar, Shivamogga, calling upon
him to explain why the requisite approval had not been

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CRL.P No. 1906 of 2024


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obtained before printing the pamphlets relating to the Aam
Aadmi Party, of which petitioner No.2 is stated to be the Chief
Secretary. Hence, the complaint was lodged by respondent
No.2 against the petitioners.
3. On the strength of the said complaint, the
respondent No.1-Police registered the FIR in Crime No.83/2023
dated 20.04.2023 for the aforementioned offence.
Subsequently, the respondent No.1-Police investigated the case
and laid charge sheet against the petitioners-accused Nos.1
and 2 for the aforementioned offence. Accordingly, the learned
Magistrate took cognizance of the offence. Aggrieved by the
same, the petitioners preferred this petition.
4. Heard the learned counsel for the petitioners and
learned HCGP. There is no representation for the respondent
No.2.
5. The primary contention of the learned counsel for
the petitioners is that, the FIR and charge-sheet averments
disclose an alleged violation of Section 127A of the Act on the
ground that the petitioners had not obtained prior approval

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from the Election Authority before printing the pamphlets. He
contended that Section 127A(2)(b) of the Act requires the
printer, within a reasonable time after printing the pamphlets
or documents, to send one copy of the declaration along with a
copy of such documents to the concerned authority. In the
present case, the pamphlets were only printed and had not
been circulated, as is evident from the complaint itself. He
further relied upon the tax invoice and pro forma submitted in
respect of the printing of election pamphlets and contended
that the same disclose that the pamphlets were printed on
19.04.2023 and the declaration was made on 20.04.2023, i.e.,
within a reasonable time. Therefore, there was no violation of
Section 127A of the Act. It is further contended that the
complaint was lodged out of vengeance against petitioner No.2,
who was the Chief Secretary of the Aam Aadmi Party, at the
instance of the ruling party. Accordingly, he prays to allow the
petition.
6. Per contra, learned HCGP opposed the prayer of the
petitioners contending that the charge sheet has already been
filed and the documents produced by the petitioners,

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particularly the pro forma for submission of information
regarding printing of election papers, pamphlets, etc., disclose
that the requisite permission was obtained only on the day
subsequent to the printing of the pamphlets. According to him,
the petitioners were required to submit the pro forma to the
concerned authority prior to printing the pamphlets. Hence, the
alleged violation requires consideration during trial.
Accordingly, he sought dismissal of the petition.
7. I have given my anxious consideration to the
submission made by the learned counsel for the respective
parties and also perused the materials on record.

8. On careful perusal of the complaint and charge-
sheet averments, the primary allegation against the petitioners
is that they violated Section 127A of the Act by printing
pamphlets pertaining to the 2023 Assembly elections in the
name of the Aam Aadmi Party. Section 127A(2)(b) of the Act
requires the printer to send, within a reasonable time after
printing the documents, one copy of the declaration along with
a copy of the printed documents to the concerned electoral
officer. In the present case, the invoices produced by the

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learned counsel for the petitioners disclose that petitioner No.1
printed the pamphlets on 19.04.2023 at Sreedhara Digital
Printers and Electricals at the instance of petitioner No.2.
Subsequently, on the very next day, i.e., 20.04.2023,
petitioner No.2 submitted the pro forma containing the
requisite information regarding printing of election posters,
pamphlets, etc., to the Electoral Officer. Further, a perusal of
the pamphlets discloses that the other requirements
contemplated under Section 127A of the Act have also been
complied with by the petitioners. Thus, in terms of Section
127A(2)(b) of the Act, the declaration was submitted within a
reasonable time, i.e., on the very next day of printing the
pamphlets. Therefore, it cannot be said that the petitioners
failed to submit the declaration within a reasonable time or
otherwise violated the said provision. Admittedly, there is no
contravention of any other requirement under Section 127A of
the Act or any other provision of the Act.
9. Moreover, as rightly contended by the learned
counsel for the petitioners, respondent No.2 proceeded to raid
the printing press on 19.04.2023, though admittedly, the

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pamphlets had not been circulated by the petitioners. The
aforesaid circumstances, coupled with the material on record,
indicate that the complaint came to be lodged against the
petitioners with an ulterior motive of wreaking vengeance.
10. In view of the foregoing discussion, I am of the
considered view that the allegations contained in the complaint
and charge-sheet do not, prima facie , make out a case against
the petitioners for the offences for which they have been
charge-sheeted. Hence, continuation of the proceedings against
the petitioners would amount to an abuse of the process of law.
Accordingly, I proceed to pass the following:
O R D E R
allowed
i. The petition is .

ii. The proceedings against the
petitioners - accused Nos.1 and 2 in
C.C.No.1113/2023 (arising out of Crime
No.83/2023 registered by Sagar Town
Police Station), for the offences punishable
under sections 127A of Representation of
People Act, 1950, 1951, 1989, pending on

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the file of Prl. Civil Judge and JMFC, Sagar,
Shivamogga, is hereby quashed.





SD/-
(RAJESH RAI K)
JUDGE











CR
List No.: 1 Sl No.: 7