The criminal proceedings against BJP national president J P Nadda regarding certain statements made at an election rally in April this year have been temporarily halted by the High Court of Karnataka.
The Shiggaon police in Haveri district initiated the legal case.
Justice M Nagaprasanna issued a stay order based on a petition that challenged the case filed against J P Nadda. This case pertains to charges of "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 had been postponed for a hearing following the issuance of the stay order, was filed against Nadda. This legal action stemmed from a speech he delivered on April 19, 2023, during an election rally at the Shiggaon Taluk playground.
Allegations were made that he threatened voters by suggesting that if they did not support the BJP, they would lose access to benefits and resources provided by the Central government. Election Officer Lakshman Nandi had filed a complaint with the local police, asserting that undue influence was being exerted on the voters in this matter.
The case is currently awaiting a decision in the Principal Civil and CJM Court in Haveri. A petition filed in the High Court by advocate Vinod Kumar M argues that the Magistrate granted permission for the case to be registered without the appropriate jurisdiction.
The informant originally had to submit the complaint directly to the Magistrate, but it was instead sent by the investigating officer via a police constable. Because Nadda held the position of a Member of Parliament, the permission for registering the case should have been granted by a designated special court.
The petition argues, "Consequently, the registration of the FIR is in violation of the mandatory procedures outlined in the Code of Criminal Procedure and a series of judgments issued by the Supreme Court and this Hon’ble Court. As a result, the ongoing investigation is an abuse of the legal process."
Justice Nagaprasanna had previously dismissed a FIR that was lodged against Nadda in a similar case at the Harapanahalli police station on August 7, deeming it as a "reckless registration of crime."
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