Karnataka HC Refuses To Quash FIR Against Actor Prakash Raj For Alleged Violation of Election Model Code Of Conduct [Read Order]
4 years, 5 months ago

Karnataka HC Refuses To Quash FIR Against Actor Prakash Raj For Alleged Violation of Election Model Code Of Conduct [Read Order]

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The Karnataka High Court has refused to quash an FIR lodged against actor Prakash Raj in November 2019, allegedly for violation of the Model Code of Conduct for elections, by campaigning at a public gathering, without requisite permissions. The Bench of Justice Sreeniwas Harish Kumar dismissed the application moved by Prakash under Section 482 of CrPC while stating, "the petitioner does not dispute his participation in the protest meet, and in regard to the allegations made against him, the prosecution has to provide evidence. Contentions The Petitioner had sought quashing of the FIR on two counts: First, he argued that when the investigating officer sought permission of the Magistrate for registration of FIR and to investigate the matter, he ordered the said NCR to be registered as a private complaint under section 200 of the Code. However, the Court proceeded to observe that what is made out by the Petitioner is a "procedural irregularity, which cannot be a ground for invoking jurisdiction under section 482 of the Code".

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