BENGALURU: Karnataka High Court took serious note of FIRs registered for violation of code of conduct without obtaining permission, and directed the ECI, State Election Commission, Home Department and the State police chief to train polling and police officials properly.
The HC observed that FIRs are filed without obtaining permission from the magistrate in non-cognisable offence only to facilitate the accused persons to escape the clutches of law despite huge amounts and articles seized by the flying squad.
Justice K Natarajan issued the directions and quashed a case filed against A Manju, who was a BJP Lok Sabha candidate for Hassan constituency, by the Hassan police in 2019 based on a complaint by the flying squad without obtaining permission from the magistrate under section Section 155 of CrPC.
He was booked for allegedly holding a press conference despite a curfew, which is punishable under Section 188 of IPC and 126 of the Representation of People Act. The court said there is gross violation of procedures by the police. In most cases, the police filed a ‘B’ report when the candidate is elected or file a chargesheet against the losing candidate, though they know that in a non-cognizable offence, FIR cannot be filed without magistrate’s nod.