THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.5220 OF 2011 DATED: 04.07.2011 ORDER: This petition is filed under Section 482 of Cr.P.C., for quashing the prosecution of the petitioner in C.C.No.80 of 2009 on the file of the learned Judicial First Class Magistrate, Metpalli. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor representing the 1st respondent-State. Perused the record. 3. Petitioner is accused of the offenceS under Section 188 IPC and Section 133 of the Representation of Peoples Act. According to the prosecution, on 14.04.2009 at about 3.20 a.m. petitioner, who was contesting candidate of Koratla assembly from Bahujan Samajvadi party, has taken up a rally with 13 vehicles, without any prior permission, at Boyawada Metpalli and violated the convoy rules and regulations and also the election code of conduct. On a complaint given by the Senior Assistant in Taluq office, who was in-charge of the model code of conduct-3rd respondent herein, a case was registered. After due investigation, police filed a charge sheet against the petitioner-accused and the cognizance of the same was taken in C.C.No.80 of 2009. One of the vehicles- Scorpio bearing No.A.P.12-F-99, was also seized during the course of investigation. The present petition does not disclose any ground for quashing the prosecution except mentioning that no prima facie case has been made out by the police to support their allegation that the said vehicle participated in the procession, contrary to the rules. The owner of the vehicle by name-Dr.Sridevi is stated to have filed Writ Petition seeking release of the vehicle on the ground that she was not participating in the procession nor her vehicle formed part of the convoy and that she was only caught up in the traffic jam and the police have mistaken her vehicle as one among the convoy. 4. According to the prosecution, the said vehicle also formed part of the convoy and took part in the processional rally that was taken out by the petitioner. The truth or otherwise of the said allegation has to come out only on evidence that may be adduced during the course of trial. Simply because the owner of the vehicle filed a petition seeking its release on the ground that she was a stranger and did not participate in the procession, it does not afford any valid or justifiable ground for quashing the prosecution when the truth or otherwise of the allegation, pertaining to the vehicle and its participation in the rally, is yet to be established during the trial. 5. In the circumstances, it is held that there are no valid or justifiable grounds for quashing the prosecution against the petitioner in C.C.No.80 of 2009 on the file of the learned Judicial Magistrate of First Class, Metpalli. 6. In the result, Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 04th July, 2011 Tsy