THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PEITION No.4821 OF 2011 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the further proceedings in C.C.No.568 of 2009 on the file of the learned Additional Judicial Magistrate of First Class, Ramachandrapuram against the petitioners-A1 and A2. 2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent-State. Perused the records. 3. Petitioners herein-A1 and A2 are facing prosecution for the offences under Sections 341, 188 r/w 34 IPC and Section 126 of the Representation of Peoples Act, 1951. On a report given by the A.R.Constable, the Sub Inspector of Pamarru police station registered First Information Report in Cr.No.55 of 2009 and after investigation, filed charge sheet. According to the prosecution, on 22.04.2009 while the complainant was on security duty in Ramachandrapuram Assembly Constituency in connection with the impending elections, at about 10.30 p.m., he found some people gathered near Airtel Tower street. On seeing the police vehicle they all fled, except two persons. The prosecution alleges that holding a meeting at that hour in the night in connection with the elections is violation of the Code of Conduct promulgated by the Election Commission and also in violation of the Prohibitory orders in force. Even as per the version in the complaint, when the police reached the spot only two persons were found and the remaining persons have already fled from the scene. Neither the identity of those persons, who fled from the spot, nor their number is disclosed anywhere. Neither the complaint nor the charge sheet reveal that any meeting as such has been held at that time and as to how many people gathered there and participated in the meeting. When the police reached the scene, only two individuals were present there and it cannot for a moment be perceived that election meeting was being held by two individuals, without any gathering. 4. Learned counsel for the petitioner would submit that another case of similar nature was registered by the police in Cr.No.54 of 2009 against some other persons in respect of violation of the Code of Conduct by distributing pamphlets in vehicles at about 9.00 p.m., on the same day and Crl.P.No.3153 of 2009 filed by the accused therein was allowed, quashing further proceedings in Cr.No.54 of 2009 of Pamarru police station and a copy of the order, dated 26.08.2010, is also filed. 5. As rightly pointed out by the learned Additional Public Prosecutor, the alleged violation of the Code of Conduct in Cr.No.54 of 2009 is distinct and different from the allegation made in the present case. 6. Having regard to the contents of the complaint and also the charge sheet in the present case and in view of the fact that only two individuals are found at the scene of offence when the police reached the place, it is considered that the ingredients of the alleged offences are not at all attracted and continuance of further proceedings in C.C.No.568 of 2009 would not serve any purpose. 7. In the circumstances, it is considered a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C. and quash the further proceedings in C.C.No.568 of 2009 on the file of the learned Additional Judicial Magistrate of First Class, Ramachandrapuram and they are accordingly quashed. 8. In the result, Criminal Petition is allowed. _______________________ G.V.SEETHAPATHY, J 12th July, 2011. Tsy