- 1 - NC: 2025:KHC-D:124 CRL.P No. 101482 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101482 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SGAR GOPAL HUILGOL, AGE: 21 YEARS, OCC: SOCIAL WORKER, R/O: HALADIBBA, TQ: AND DIST: GADAG-582 101. 2. RAKSHIT RAJENDRAKUMAR NAVALGUND, AGE: 21 YEARS, OCC: SOCIAL WORKER, R/O: HALADIBBA, TQ: AND DIST: GADAG-582 101. … PETITIONERS (BY SRI. K.L. PATIL, SRI. S.A. SONDUR, SRI. S.S. BETURMATH, SRI. P.S. TADAPATRI AND SRI. B.G. INDI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, DHARWAD-580 011. 2. CHANNAKESHAV S/O HANAMANTHAPPA MUDAGAL, AGE: 52 YEARS, OCC: ASST. DIRECTOR DEPT. OF SERICULTURE, R/O: GADAG, TQ: AND DIST: GADAG-582 101. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS AT CC NO.577/2023 ARISING FROM PRIVATE COMPLAINT NO.129/2023 BEFORE THE I ADDL. CIVIL JUDGE AND JMFC I COURT GADAG FOR THE OFFENCE P/U/SEC. 188 OF I P C, IN THE INTEREST OF JUSTICE IN SO FAR AS THE PRESENT PETITIONERS/A1 AND 2 ARE CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:50 +0530 - 2 - NC: 2025:KHC-D:124 CRL.P No. 101482 of 2023 THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned Additional Government Advocate accepts notice for respondent Nos. 1 and 2. 2. The cognizance taken for the offences punishable under Section 188 of the Indian Penal Code (for short, ‘IPC’) is impugned in this petition by accused Nos. 1 and 2. The Election Commission of India issued the Model Code of Conduct on 29.03.2023 for the General Elections to the Karnataka State Legislative Assembly, 2023. Upon receiving credible information that certain individuals were distributing voter slips with photographs of candidates from the Congress Party near Shri Veera Narayana Temple, the respondents conducted a search, seized the alleged voter slips from the petitioners/accused, and subsequently filed a written complaint before the jurisdictional Magistrate. The Magistrate, after perusing the complaint, took cognizance of the offences. 3. Learned counsel for the petitioners submitted that there is no material to substantiate the claim that the voter slips were seized from the possession of the petitioners. He further contended that the petitioners are neither contesting candidates nor affiliated with any political party, and hence, the ingredients to constitute an offence under Section 188 of IPC are not met. Section 188 of IPC deals with disobedience to an order duly - 3 - NC: 2025:KHC-D:124 CRL.P No. 101482 of 2023 promulgated by a public servant, and the allegations do not satisfy the requirements of the provision. 4. The learned Additional Government Advocate for respondent Nos. 1 and 2 argued that the voter slips containing the names and photographs of candidates were found in the possession of the petitioners. He contended that the veracity of these allegations can only be tested during trial and cannot be adjudicated at this stage. Therefore, he sought dismissal of the petition. 5. The arguments advanced by the learned counsel for both parties have been duly considered. 6. The Model Code of Conduct issued by the Election Commission of India on 29.03.2023 is meant for the guidance of political parties and candidates. In the present case, the petitioners are neither contesting candidates nor affiliated with any political party. Except for the self-serving statement of respondent No. 2/complainant that voter slips containing photographs of candidates were seized from the petitioners, there is no material evidence to substantiate the allegations. Furthermore, no evidence has been provided to establish that the voter slips were seized from the petitioners’ possession. 7. Thus, the cognizance taken by the jurisdictional Magistrate solely on the basis of the written complaint, without corroborating material, is unsustainable. The continuation of criminal proceedings in this matter would amount to an abuse of the process of law. - 4 - NC: 2025:KHC-D:124 CRL.P No. 101482 of 2023 8. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceeding in C.C.No.577/2023 on the file of the I Additional Civil Judge and JMFC-I Court, Gadag, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK LIST NO.: 1 SL NO.: 42