K M JAKUIULLAH Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-10-16
HIGH COURT OF ANDHRA PRADESH
Decided on October 16,2019

K M Jakuiullah Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

KILLI KRUPARANI VS. STATE OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

U. Durga Prasad Rao, J - (1.)The petitioner-A1 seeks to quash the proceedings in C.C.No.1130/2018 on the file of I Additional Judicial First Class Magistrate, Anantapuram, wherein cognizance was taken for the offences under Sections 427 & 188 IPC and Section 4 of the Andhra Pradesh Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable Posters and Advertisements Act, 1997 (for short, 'the Act').
(2.)The prosecution case is that with the issuance of notification for the election of Municipal Corporation of Anantapuram by the State Election Commission of India on 03.03.2014, the election code of conduct came into force. LW1-The Municipal Commissioner-cum-Additional Election Authority, Municipal Corporation, Anantapuram and other related Government officers appraised the political parties to remove the posters, inscribes and other advertisements on public and private walls of Anantapuram Municipal Corporation. In spite of such instructions, A1 & A2, who are the advertising Presidents of two different political parties, disobeyed those orders of the election officers and thus committed the offences under 427 & 188 IPC and Section 4 of the Act. On the complaint given by LW1, the police of Anantapuram II Town Police Station registered the crime and filed charge sheet after investigation.
Hence, the Criminal Petition.

(3.)Denying the allegations, learned counsel for the petitioner would contend the petitioner-A1 was not the person who personally pasted the objectionable posters and therefore, he cannot be prosecuted for the offence under Section 4 of the Act. He would submit that the police have to book the case only against those persons who pasted the posters, but not the petitioner. He relied upon the decision in Killi Kruparani v. The State of A.P., 2011 1 ALD(Cri) 434 : .
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