HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No. 3542 OF 2008 ORDER: This petition is filed under Section 482 of Criminal Procedure Code for quashing the proceedings in C.C.No.402 of 2007 on the file of the Additional Judicial First Class Magistrate, Tadepalligudem, West Godavari District. 2. The petitioner was prosecuted for offence under Section 127(A) of Representation of People Act, 1951, and Section 171(E) of Indian Penal Code, 1860 before the Additional Judicial First Class Magistrate, Tadepalligudem in C.C.No.402 of 2007. The allegations made in the charge-sheet are that the accused is resident of Tadepalligudem and practicing as an Advocate and during the last Graduates M.L.C Elections, the accused contested as West Godavari and East Godavari member, for which he published pamphlets by printing the Goddess Saraswati figure on the pamphlet and noted besides as “do not sell me”, which seems to be raising caste and religion disputes, raising disputes between Hindu, Muslim and Christian people. He also visited the house of de facto complainant, Patnala Venkata Ramam on 17.03.2007 at 07.30 A.M as well as other houses of Kothapallivari street and raised slogans in the streets as ‘Jai Sreeram’ and requested that “if you belong to real Hindu, vote me”. Further, he has violated Rules and Regulations of Elections by canvassing in the public places on election day i.e. 17.03.2007. 3. The learned counsel for the petitioner has pleaded that the offences for which the accused was charge sheeted are non cognizable offences and further pleaded that the allegations made in the complaint do not constitute any offence under Section 127(A) of Representation of People Act, 1951, and Section 171(E) of I.P.C. 4. Section 127(A) of Representation of People Act, 1951, reads as follows:- Restrictions on the printing of pamphlets, posters, etc:- 1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. 2) No person shall print or cause to be printed any election pamphlet or poster- a. Unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printed in duplicate, and b. Unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,- i. Where it is printed in the capital of the State, to the chief electoral officer, and ii. In any other case, to the District Magistrate of the District in which it is printed. 3) For the purposes of this section,- a. Any process of multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly, and b. “election pamphlet or poster” means any printed pamphlet, handbill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. 4) Any person who contravenes any of the provisions of sub- section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. 5. In the present case, the alleged pamphlets are said to have been published by the petitioner containing the name of the printers viz. Vishnu Priya Offset Printers, Tadepalligudem. 6. Section 171(E) of I.P.C deals with punishment of bribery and it reads that whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Provided that bribery by treating shall be punished with fine only. As per the explanation “Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision. Section 171-B defines Bribery as:- whosoever,- (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself of for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery. 7. Therefore, the allegations made against the present petitioner in the charge sheet do not attract either the Section 127(A) of Representation of People Act, 1951, and Section 171(E) of I.P.C. Therefore, the continuation of the proceedings against the petitioner would amounts to the abuse of process of law. 8. Hence, the proceedings in C.C.No.402 of 2007 on the file of the Additional Judicial First Class Magistrate, Tadepalligudem are hereby quashed. Accordingly, the Criminal Petition is allowed. ______________________ P. DURGA PRASAD, J July 01, 2011 SP HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No. 3542 OF 2008 July 01, 2011 SP