Karnataka HC stays proceedings against BJP chief Nadda in ‘undue influence in election’ case


PTI, Oct 13, 2023, 11:49 AM IST

The High Court of Karnataka has stayed the criminal proceedings against BJP national president J P Nadda relating to certain remarks made at an election rally in April this year. The case was filed by the Shiggaon police in Haveri district.

Justice M Nagaprasanna issued the stay order on a petition challenging the case filed for ‘punishment for undue influence or personation at an election’ under Section 171F of the Indian Penal Code and Section 123(2) of the Representation of the People Act.

The case, which was adjourned for hearing after the grant of stay, was registered against Nadda after he made a speech on April 19, 2023 at the Shiggaon Taluk playground while addressing an election rally.

It was alleged he threatened the voters that if they did not support the BJP, they would be deprived of the largesses from the Central government.

Election Officer Lakshman Nandi had lodged a complaint in this regard with the jurisdictional police alleging undue influence was being made on the voters.

The case is now pending before the Principal Civil and CJM Court, Haveri.

The petition in the HC filed by advocate Vinod Kumar M stated that the Magistrate had granted permission for registration of the case without jurisdiction.

The informant had to present the complaint to the Magistrate but it was sent by the investigating officer through a police constable. Since Nadda was a Member of Parliament, the permission for the registration of the case can be granted only by a designated special court.

‘Therefore, the registration of FIR which is violative of the mandatory proceedings enumerated in the code of criminal procedure and the catena of judgements passed by the Hon’ble Apex Court as well as this Hon’ble Court. Therefore, the continuation of investigation is an abuse of process of law,’ the petition said.

Justice Nagaprasanna had quashed a FIR filed against Nadda in a similar case in Harapanahalli police station on August 7 calling it ‘reckless registration of crime’.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Kuwait blaze: 3 Indians, 4 Egyptians detained in connection with massive fire that killed 50 people, mostly Indians

Sharp rise in heatstroke cases, casualties in hospitals as heat wave batters Delhi

Flesh in ice cream: Mumbai cops trace factory worker who suffered finger injury during work

Union minister Savitri Thakur fails to write ‘Beti Padhao’ slogan correctly in Hindi; video goes viral

T20 World Cup: Hosts West Indies primed for Super 8 clash against defending champions England

Renukaswamy Murder Case: Darshan confessed to have given Rs 30 lakh to accused to dispose of body, say police

Dead frog ‘found’ in wafer packet, probe ordered

Related Articles More

Chikkamagaluru: 3 tourists feared drowned as coracle capsizes in Bhadra River backwaters

Udupi: Wild elephants leave trail of destruction

If Centre extends 50% subsidy for semiconductor industry, state will provide its share: Minister

Renukaswamy Murder Case: Darshan confessed to have given Rs 30 lakh to accused to dispose of body, say police

Karnataka Deputy CM Shivakumar hints he may contest Channapatna Assembly bypoll

MUST WATCH

udupi

Kamalashile

Mental Illness | Causes | Symptoms and Treatment

Minister Thimmapura statement

Vishweshwar Hegde Kageri


Latest Additions

Kuwait blaze: 3 Indians, 4 Egyptians detained in connection with massive fire that killed 50 people, mostly Indians

Nine Indian ports ranked among top 100 in Container Port Performance Index 2023

Chikkamagaluru: 3 tourists feared drowned as coracle capsizes in Bhadra River backwaters

Udupi: Wild elephants leave trail of destruction

Kharge writes to LS Speaker, RS Chairman; seeks relocation of Gandhi, Ambedkar statues back

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.