- 1 - NC: 2025:KHC:11814 CRL.P No. 10437 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10437 OF 2024 BETWEEN: 1. SHRI. TIPPESWAMY, S/O KENCHAPPA, AGED ABOUT 60 YEARS, R/O NO. 15, 1ST CROSS, S.R.R, PEENYA, BENGALURU CITY - 560 058. 2. SMT. KANCHANA W/O CHALUVARAJU, AGED ABOUT 43 YEARS, R/O 57, 3RD CROSS, NEAR SOPHIA SCHOOL, KEMPEGOWDA LAYOUT, BENGALURU - 560 058. …PETITIONERS (BY SRI. DHARANESHA, ADVOCATE) AND: 1. STATE BY MAHALAKSHMI LAYOUT P.S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SHRI. BASKAR J.R, S/O NOT KNOWN, AGED MAJOR, TEAM LEADER MCC SQUAD, NO.154, RAJARAJESHWARI NAGAR, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11814 CRL.P No. 10437 of 2024 VIDHANA SABHA KSHETRA, BENGALURU NAGARA, PH NO. 9480685361. …RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNNS) OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ALSO THE ENTIRE PROCEEDINGS OF THE HONBLE CHIEF METROPOLITAN MAGISTRATE COURT IN THEIR C.C.NO.19426/2018 ARISING OUT OF CRIME NO.128/2018 OF RESPONDENT POLICE STATION REGISTERED AGAINST THE PETITIONER FOR THE OFFENCE P/US/ 171-E R/W SEC.34 OF IPC AND U/S.123 OF THE REPRESENTATION OF THE PEOPLE ACT 1950. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Learned HCGP accepts notice for the respondent - State. 2. The petitioners, who are being prosecuted for offences punishable under Section 171E read with Section 34 of the IPC and under Section 123 of the Representation of the People Act, 1950, have approached this Court seeking relief. 3. The prosecution alleges that during the enforcement of the Model Code of Conduct for the State Assembly Election 2024, petitioner No.1 was found collecting Election Voter ID cards and distributing receipts - 3 - NC: 2025:KHC:11814 CRL.P No. 10437 of 2024 for a sum of ₹10,000/- from Vision I India Multipurpose and Women Co-operative Society Limited. These receipts were later seized from the house of petitioner No.2. 4. Heard the learned counsel for the petitioners and the learned HCGP for the respondent - State. 5. Section 195 of the Cr.P.C. deals with the prosecution for contempt of the lawful authority of public servants, offences against public justice, and offences relating to documents used in evidence. 6. Section 171E of the IPC is a non-cognizable offence, and before initiating an investigation, the police were required to obtain permission under Section 155(2) of the Cr.P.C. 7. In the present case, the police conducted the investigation and submitted a charge sheet without obtaining prior approval under Section 155(2) of the Cr.P.C. As a result, the investigation, culminating in the taking of cognizance of the aforesaid offence, stands vitiated due to non-compliance with the mandatory provisions of Section 155(2) of the Cr.P.C. Under such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. - 4 - NC: 2025:KHC:11814 CRL.P No. 10437 of 2024 ORDER i. Accordingly, petition is allowed. ii. The impugned proceeding in C.C.No.19426/2018 on the file of XXXII Addl. Chief Metropolitan Magistrate Court, Bangalore is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 1 CT: BHK