The High Court of Karnataka has stayed the criminal proceedings against BJP national president J P Nadda relating to certain remarks made at an election rally in April this year.
The case was filed by the Shiggaon police in Haveri district.
Justice M Nagaprasanna issued the stay order on a petition challenging the case filed for “punishment for undue influence or personation at an election” under Section 171F of the Indian Penal Code and Section 123(2) of the Representation of the People Act.
The case, which was adjourned for hearing after the grant of stay, was registered against Nadda after he made a speech on April 19, 2023 at the Shiggaon Taluk playground while addressing an election rally.
It was alleged he threatened the voters that if they did not support the BJP, they would be deprived of the largesses from the Central government.
Election Officer Lakshman Nandi had lodged a complaint in this regard with the jurisdictional police alleging undue influence was being made on the voters.
The case is now pending before the Principal Civil and CJM Court, Haveri.
The petition in the HC filed by advocate Vinod Kumar M stated that the Magistrate had granted permission for registration of the case without jurisdiction.
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The informant had to present the complaint to the Magistrate but it was sent by the investigating officer through a police constable. Since Nadda was a Member of Parliament, the permission for the registration of the case can be granted only by a designated special court.
“Therefore, the registration of FIR which is violative of the mandatory proceedings enumerated in the code of criminal procedure and the catena of judgements passed by the Hon’ble Apex Court as well as this Hon’ble Court. Therefore, the continuation of investigation is an abuse of process of law,” the petition said.
Justice Nagaprasanna had quashed a FIR filed against Nadda in a similar case in Harapanahalli police station on August 7 calling it “reckless registration of crime”.
