THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1219 of 2011 ORDER: Petitioners – Accused 1 and 2 approached this Court with a prayer to quash the proceedings in C.C.No.846 of 2009 on the file of the Additional Judicial Magistrate of First Class, Vizianagaram District, whereby the petitioners are facing charge under Sections 171-E Sec.123(a)(1) of R.P.Act. 2. Heard both sides. 3. Learned counsel for the petitioners submitted that the amount recovered from the petitioners herein is their own money that they are in possession of the said money by way of entered into an agreement of sale and they also informed the same to the Investigating Officer, but the Investigating Officer without hearing their words, filed a case against them. 4. This Court is of the view that if the petitioners are having such a defence to prove that the money recovered by the police is not with an intent to distribute to voters and it is their own money, they can raise the point by way of placing reliance on relevant documents and trial Court is also directed to appreciate the same in proper perspective. 5. With the above observation, the Criminal Petition is disposed of. As far as the presence of the petitioners before the court below is concerned, the same is dispensed with except the dates on which the learned Magistrate insists for their appearance and they shall be properly represented through their counsel. 6. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 9th February 2011, Rns.