Karnataka High Court Frowns Upon Police For Filing Defective Chargesheets In Election Offences Against Prominent Personalities

The Karnataka High Court on Thursday (October 16) frowned upon police officers for filing defective chargesheets in offences related to Elections involving prominent personalities.

Justice S Sunil Dutt Yadav observed “The seriousness with which election offences are dealt with requires to be commented upon. There is a separate chapter---Chapter IXA for offences relating to Elections in the Indian Penal Code".

The court added,“It appears to be that the officials concerned, in some matters involving prominent personalities, may resort to filing of defective chargesheets, in order that the same is set aside by the court, only to create a facade of having adhered to law. But in reality leaving a door open for the court to set it aside. Such an attitude of officials is required to be frowned upon.”

The court made these observations while allowing the petition filed by former BJP MP Prathap Simha seeking quashing of an offence registered against him in 2023 under IPC Section 171H (Failure to keep election accounts).

A member of the election flying squad had alleged that on 23-04-2023 certain BJP functionaries were holding a bike rally and the petitioner herein who was then a member of Lok Sabha, was travelling in an Innova car along with the Chairman of MUDA and had also addressed voters.

Further, when the complainant confronted the petitioner and asked for a letter indicating permission, there was no response. Thus the complainant had inferred that there was no permission and FIR was registered and investigation was completed and a chargesheet has been filed.

Referring to Section 171H which pertains to Illegal payments in connection with an election the court said, “The facts as made out in the chargesheet and complaint do not make out the ingredients of Section 171H. On the other hand it appears to make out ingredients of Section 188 of IPC.” Section 188 pertains to Disobedience to order duly promulgated by public servant.

 “While we notice that the chargesheet is filed by the sub inspector of police, the elementary distinction between Section 171-H and Section 188 is not noticed...Noticing that the chargesheet is filed under Section 171H, there is no warrant to continue the proceedings and accordingly the proceedings are set aside," the court said.

The court allowed the plea. 

Case Title: Prathap Simha AND State of Karnataka & ANR

Case No: Criminal Petition No 14363/2024.

Citation No: 2025 LiveLaw (Kar) 346

Appearance: Advocates Sudharsan Suresh, Sainath DM, Ananya K, Neha V, Shreyas S for Petitioner.

Additional SPP B N Jagadeesha for R1