Bengaluru: The Karnataka High Court has strongly criticised government officials for intentionally filing defective charge sheets in election-related cases. The court observed that such actions were often driven by fear or self-preservation rather than the pursuit of justice.
Justice S. Sunil Dutt Yadav, who heard the criminal petition filed by former MP Pratap Simha seeking quashing of an election offence case, expressed disapproval over the conduct of investigating officers. The case pertained to an alleged violation of the Model Code of Conduct during the last Assembly elections.
“The officers act out of fear that they might face consequences, and hence, they proceed to file a case even if it has no merit. Their approach seems to be that the case can fail later, but they must file it anyway. This mindset is unacceptable,” the court observed.
Case Quashed
The court noted that the allegations against Pratap Simha did not fall under Section 171H of the Indian Penal Code (related to illegal election payments) but rather under Section 188 (disobedience to an order issued by a public servant). Since the charge sheet was wrongly framed, the High Court quashed the proceedings pending before the 42nd ACMM Court in Bengaluru.
Court Rebukes Officers
Justice Yadav pointed out that officers sometimes submit charge sheets without understanding the basic distinction between IPC sections, creating confusion and misleading the process. “In some high-profile cases, officials deliberately frame wrong charges so that the courts appear to have quashed the case on technical grounds. Such practices must stop,” the court stated firmly.
Additional Government Pleader B.N. Jagadish, representing the State, admitted that officers had wrongly registered the case under Section 171H instead of Section 188, despite it being a clear violation of the election code. He urged the court to issue strong remarks to ensure accountability among investigating officers.
Background
During the last Assembly elections, Pratap Simha and his associates were accused of conducting a bike rally in T. Narasipura taluk of Mysuru district without official permission. The case was registered under IPC Section 171H. Arguing that the charge was baseless, Simha approached the High Court, which has now dismissed the case.
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