DHARMESH PRASAD VERMA, SON OF LATE AMRESH PRASAD VERMA, RESIDENT OF VILLAGE AND P.O. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present application under Sec. 482 of the Code of Criminal Procedure (For short Crimial P.C. ) has been preferred for quashing of the order dated 14th July, 2015 passed by the learned Sub Divisional Judicial Magistrate, West Champaran, Bettiah in connection with Yogapatti (Nabalpur) P.S. Case No. 73 of 2014 dated 03.04.2014 by which the learned Magistrate has summoned the petitioner and four others after taking cognizance of the offences punishable under Sections 171-G, 171-H and 188 of the Indian Penal Code (For short Penal Code ) and Sec. 127 of the Representation of People Act, 1951 (For short RP Act, 1951 ).

(2.) The first information report (For short FIR ) of Yogapatti (Nabalpur) P.S. Case No. 73 of 2014 was registered on the report by Hira Kumari, Block Development Officer, Yogapatti, who was also appointed Magistrate of the flying squads team during the general election to the Lok Sabha 2014. As per the prosecution story, on 1st April, 2014, whilst the informant was patrolling the area within her jurisdiction to ensure compliance with the Model Code of Conduct and maintenance of law and order, she saw a car of which registration number was BR-01BF-4533 bearing the flag of Aam Admi Party, at the Piparia Chowk. In the car, the petitioner and four others were seated. The informant sought the license/permit in connection with car. However, no such document was produced. Instead, the informant was told that the permit for plying the car has duly been issued and the same would be duly provided later on. On 3rd April, 2014, considering that neither the permit/license nor the car itself was produced till 2:30 p.m., the FIR was registered for violation of the Model Code of Conduct under Sections 171-G, 171-H and 188 of the Penal Code and 127 of the RP Act, 1951.

(3.) On the basis of the aforesaid allegations made in the FIR, investigation was taken up and after completion of investigation, Charge Sheet No. 31/14 dated 28.04.2014 was submitted in the court of Sub Divisional Judicial Magistrate, West Champaran, Bettiah against the petitioner and four others for the offences under which the FIR was registered.