The High Court of Karnataka has quashed criminal proceeding initiated against Bahujan Samajwadi Party president Mayawati and party’s national general secretary Satish Chandra Sharma on a complaint that they had allegedly ‘assaulted or used criminal force’ to prevent a public servant from discharging his duty during campaigning for State Assembly elections in Jewargi, Kalaburagi district, in 2013.
Justice S. Sunil Dutt Yadav passed the order while allowing the petition filed by Ms. Mayawati and Mr. Sharma, who had questioned the legality of initiation of the criminal proceeding.
The case was registered on a complaint lodged by an official alleging that the petitioners had snatched a bundle of currency from the officer at the time of checking.
The police, acting on the complaint, had registered the First Information Report under Section 353 (Assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code.
While pointing out that an element of assault or use of criminal force is essential for invoking Section 353 of the IPC, the court said that though the complainant stated that he was prevented from counting currency note, the only assertion in the complaint was that he was prevented from counting and bundle was snatched way from him.
The officials on poll duty had checked the bag of Ms. Mayawati when she participated in an election meeting and had accepted her explanation that of the ₹1 lakh found in her bag, ₹50,000 belong to Mr. Sharma. However, the process of counting of currency was carried out twice due to objection raised by her at the first instance.
