- 1 - HC-KAR NC: 2025:KHC-D:11855 CRL.P No. 100652 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100652 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI. VENKANGOWDAR S/O RANGANGOUDA GOVINDGOWDA, AGE. 51 YEARS, OCC. SOCIAL SERVICE, R/O. PANCHAKSHARI NAGAR, DIST. GADAG-582 102. … PETITIONER (BY SRI. H.N. GULARADDI, ADVOCATE) AND: THE STATE, THROUGH GADAG SUB-DIVISION POLICE STATION, GADAG, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER OF TAKING OF COGNIZANCE AND ISSUANCE OF SUMMONS DATED 21.11.2023 AND ENTIRE PROCEEDINGS AGAINST ACCUSED NO.1 CONCERNED IN C.C. NO.2235/2023 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC-I COURT, GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTION 123(2) OF REPRESENTATION OF PEOPLE ACT, 1951, ARISING OUT OF IN GADAG TOWN P.S. CRIME NO.50/2023, PRODUCED AT ANNEXURE- D, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11855 CRL.P No. 100652 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the impugned proceedings in CC No.2235 of 2025 pending before the Court of Additional Civil Judge and JMFC- I, Gadag, arising out of Crime No.50 of 2025 registered by Gadag Town Police Station, for the offence punishable under Section 123(2) of the Representation of People Act 2022. 2. Learned counsel for the petitioner submits that alleged offence is non-cognizable in nature and therefore, compliance of Section 155(2) Cr.P.C. is mandatory. 3. Learned HCGP has opposed the petition. 4. Perusal of the material on record would go to show that FIR in the present case was registered against the petitioner on 21.04.2023 after obtaining necessary permission under Section 155(2) of Cr.P.C. Allegation - 3 - HC-KAR NC: 2025:KHC-D:11855 CRL.P No. 100652 of 2024 against the petitioner is that on 20.04.2023 at about 01.00 p.m. after he had submitted his nomination as a candidate from Janata Dal (S) party to contest the general election from Gadag constituency, he addressed the public and also had held a press meet. Even if the allegations found in first information are presumed to be true, the offence punishable under Section 123(2) of the Representation of People Act, 1951, cannot be made against the petitioner. Section 123 of Representation of People Act provides for corrupt practices and the allegation found against the petitioner in the first information as well as in the charge sheet do not constitute the offence punishable under Section 123(2) of the Representation of People Act, 1991. Necessary ingredients so as to invoke the said offence as against the petitioner is not found either in the FIR or in the charge sheet filed in the present case. Accordingly, the following: ORDER Criminal Petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:11855 CRL.P No. 100652 of 2024 The entire proceedings in CC No.2235 of 2025 pending before the Court of Additional Civil Judge and JMFC- I, Gadag, arising out of Crime No.50 of 2025 registered by Gadag Town Police Station, for the offence punishable under Section 123(2) of the Representation of People Act 2022 is quashed against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 75