CHENNAI: The Madras High Court has quashed a case relating to violation of election code against a sitting DMK MLA on the grounds of procedural lapses, including absence of permission from the jurisdictional judicial magistrate and undue delay in filing the charge sheet.
The FIR was registered against Vedasanthur MLA S Gandhirajan in 2021 on charges of bribing voters (section 171E) and unlawful assembly (section 143) of IPC based on the complaint filed by an election flying squad with the Eriode police station. The case was pending before the judicial magistrate court-I in Dindigul.
The MLA moved a petition in the high court seeking a direction to quash the case. Advocate K Muthu Ganesa Pandian, appearing for the petitioner, pointed to procedural lapses and lack of independent witnesses.
Justice GK Ilanthiraiyan, in a recent order, quashed the case. He noted that offences under section 171E are non-cognisable and prior permission from the judicial magistrate has to be taken before registering the FIR.
“In the case on hand, the first respondent, without obtaining any prior permission from the judicial magistrate, mechanically registered the FIR,” the judge noted.
The judge also said the final report was filed in 2024, although the FIR was registered in 2021.