- 1 - HC-KAR NC: 2026:KHC:34898 CRL.P No. 2707 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 2707 OF 2021 BETWEEN: 1. SRI NAGARAJ SRINIDHI GRAPHICS PRINTING PRESS OWNER S/O GURUSIDDAPPA AGED ABOUT 43 YEARS RA/T NO.6TH BLOCK RAJAJINAGAR BENGALURU - 560 010. 2. SRI RADHAKRISHNA S/O NANJUNDAPPA AGED ABOUT 45 YEARS RA/T NAGAMANGALA VILALGE SIDLAGHATTA TLAUK CHIKKABALLAPURA DISTRICT - 562 102. …PETITIONERS [BY SRI SHRINATHA B.V., ADVOCATE FOR SRI NANJUNDA GOWDA M R., ADVOCATE (PH)] AND: 1. STATE OF KARNATAKA NANDI GIRIDHAMA POLICE CHIKKABALLAPUR REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU - 560 001. 2. SRI RAMDAS S/O D CHANNAIAH AGED ABOUT 57 YEARS Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34898 CRL.P No. 2707 of 2021 SECRETARY APMC, CHIKKABALLAPUR SST TEAM LEADER, NANDI HOBLI, CHIKKABALLALPR - 562 101. …RESPONDENTS (BY SRI S. JAVEED, HCGP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.301/2020 (CR.NO.202/2019 OF NANDI GIRIDHAMA POLICE STATION) WHICH IS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHIKKABALLAPURA FOR THE OFFENCE P/U/S 171(H) OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Seeking for quashing of entire proceedings in CC no.301/2020 in pursuance of Crime no.202/2019 registered by Nandi Giridhama Police Station, presently pending on file of Principal Civil Judge and JMFC, Chikkaballapura, for offences punishable under Section 171(H) of Indian Penal Code, 1860, (IPC), this petition is filed. 2. Sri Srinatha BV, learned counsel appearing for Sri MR Nanjundagowda, learned counsel for petitioners submitted that petitioners were accused no.1 and 2 in complaint filed by respondent no.2. As per complaint, based on credible - 3 - HC-KAR NC: 2026:KHC:34898 CRL.P No. 2707 of 2021 information on 24.11.2019 at about 10.45 a.m., a Tata Sumo vehicle bearing registration no.KA 43 1224 was intercepted. On inspection, it was found that there were printed election pamphlets lying on back seat of vehicle. It was found that one of bundles did not bear name of printing press and printer. On enquiry, driver of vehicle produced a bill issued by Nidhi Graphics, Bangalore, which was for printing of 10,000 pamphlets. However, it was seen that total number of pamphlets were 12,000, which would be in violation of Code of Conduct of Election scheduled to be held on 05.12.2019 and an offence. Based on complaint, Crime no.202/2019 by Nandi Giridhama Police Station was registered for offence punishable under Section 127-A of the Representation of the People Act, 1951 (RoPA) and 171(H) of IPC. It was submitted that said offences being non-cognizable in nature, registration of complaint by police directly would be in violation of Section 155(1) of CrPC. On said ground sought for quashing. 3. Learned HCGP appearing for respondent State is unable to controvert submissions. 4. Respondent no.2 is served and unrepresented. - 4 - HC-KAR NC: 2026:KHC:34898 CRL.P No. 2707 of 2021 5. Heard learned counsel and perused material on record. 6. This petition is by accused challenging registration of FIR by respondent no.1-State for offence punishable under Section 171(H) of IPC and Section 127A of the RoPA, which a bare perusal of offences alleged against petitioners are found to be non-cognizable in nature. In case of non-cognizable offences, Section 155(1) of CrPC mandates referring informant to Magistrate. FIR at Annexure-A would reveal that Police Officer registered FIR in Crime no.202/2019 on 25.11.2019 at 7.20 p.m., and thereafter forwarded intimation in NCR no.203/2019 to II Additional Civil and JMFC Court, Chikkaballapura who received it at 7.20 p.m. It is seen that FIR at Annexure-A is registered on 25.11.2019 at 07.20 p.m., whereas proceedings at Annexure-C would indicate that they were commenced only on 24.06.2020. There is no order by learned Magistrate for directing registration of FIR or taking up of investigation by police. Same would substantiate violation of procedure prescribed in Section 155(1) of CrPC. Thus, proceedings would be illegal and petition would require to succeed. - 5 - HC-KAR NC: 2026:KHC:34898 CRL.P No. 2707 of 2021 7. Hence, petition is allowed, proceedings in CC no.301/2020 in pursuance of Crime no.202/2019 registered by Nandi Giridhama Police Station, presently pending on file of Principal Civil Judge and JMFC, Chikkaballapura, for offence punishable under Section 171(H) of Indian Penal Code, 1860 and Section 127-A of RoPA stand quashed. Sd/- (RAVI V HOSMANI) JUDGE YKL List No.: 1 Sl No.: 39