Offences under Section 123 of the Representation of the People Act 1950 and 171-H & 188 of the Indian Penal Code.
Crime was registered against the petitioner who was contesting the parliamentary elections of 2014 and the police found cash of Rs.4.75 lakhs, two liqor bottles and election in Scorpio driven by co-accused Manoj Dhatewar and used in election campaign of the petitioner.
The legality, validity and correctness of the FIR and the Crime was challenged.
Charge-sheet was filed at the instance of the report of the Tahsildar.
HELD that none of the provisions can be invoked against the petitioner – candidate. Section 171-H of IPC can be invoked against persons other than the candidate acting without authority of the candidate. The agents and other responsible for the specified acts done without authorization. However, the Section 171-H is not applicable against the applicant being candidate himself. Mere finding cash amount of Rs.4.75 lakhs cannot be construed as an offence under either of the statute and there was no declaration that the said vehicle was used for election campaign. The sections invoked by the Police do not apply.
Judgment dated 8.2.2024 in Criminal Application No.1575 of 2023 of Sagar D. Meghe Vs. State of Maharashtra
