Friday, March 6, 2026
Latest:
February 2024GeneralLatestLegal

Offences under Section 123 of the Representation of the People Act 1950 and 171-H & 188 of the Indian Penal Code.

legaldeli

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

You May Also Like

Customs Act, 1962 – Section 110(5) – Provisional attachment of bank accounts – Each of the essential requirements to be complied with by the Customs and to pass written order and serve on the bank account holder.

legaldeli

Section 52 of the Transfer of Property Act – Lis Pendens starts with the “institution” of proceedings

legaldeli

Outraging modesty of woman – Quashing of FIR – Unique condition on the petitioner to assist Delhi Traffic Police for 30 days

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree