- 1 - HC-KAR NC: 2025:KHC:21681 CRL.P No. 8716 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8716 OF 2024 BETWEEN: SRI ADINARAYANA V S/O VENKATARAYAPPA AGED ABOUT 47 YEARS R/O PEDDAREDDIPALLI VILLAGE THOLLAPALLI POST, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT-561212 …PETITIONER (BY SRI. V P KULKARNI.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MULBAGAL TOWN POLICE STATION MULBAGAL TALUK REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT BENGALURU - 560001 2. S.A.NARASIMHAMURTHY, FATHER NAME NOT KNOWN AGED MAJOR DEPUTY DIRECTOR (FACTORIES AND BOILERS) MULBAGAL, KOLAR DISTRICT PIN 563131 …RESPONDENTS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21681 CRL.P No. 8716 of 2024 (BY SRI. NAGESHWARAPPA K, HCGP FOR R1, NOTICE TO R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDERR DTD 08.02.2024 IN CC.NO.115/2024 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, MULBAGAL, FOR THE OFFENCES SAID HAVE BEEN COMMITTED U/S 123(3B),127(A) OF REPRESENTATION OF PEOPLE ACT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief: "WHEREFORE, it is prayed that this Hon'ble Court may be pleased to set aside the order dated 08.02.2024 in C.C.No.115/2024 in C.C.No.115/2024 on the file of the Principal Civil Judge and JMFC, Mulbagal for the offence said have been committed under Sections 123(3B), 127(A) representation of the people Act in the ends of justice. 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. Notice to respondent No.2 served and unrepresented. - 3 - HC-KAR NC: 2025:KHC:21681 CRL.P No. 8716 of 2024 3. Perusal of the material on record will indicate that on 10.05.2023, respondent No.2-Deputy Director of Factories and Boilers filed the instant complaint against the petitioner/accused for alleged offences punishable under Sections 123(3B), 127(A) of the Representation of People Act, 1950. In pursuance of the same, respondent conducted an investigation and filed a charge sheet on 08.02.2024, which is presently pending in C.C.No.115/2024 before the Trial Court. In this context, it is relevant to state that the perusal of the FIR, complaint, charge sheet material, statement of witnesses, documents, etc., will indicate that the same do not either disclose or establish, the commission of the offences by the petitioner, who accordingly cannot be incriminated for the said offences. Under these circumstances, I am of the view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference in the present petition. In the result, I pass the following: ORDER i. The petition is hereby allowed. - 4 - HC-KAR NC: 2025:KHC:21681 CRL.P No. 8716 of 2024 ii. Impugned order dated 08.02.2024 passed in C.C.No.115/2024 on the file of the Principal Civil Judge & JMFC, Mulbagal, for the offence under Sections 123(3B), 127(A) of Representation of People Act, 1950, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 16