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Synopsis

The Bombay High Court, on February 8, quashed a chargesheet filed against Ex BJP MLC Sagar D Meghe in a case registered against him during the 2014 parliamentary elections.

The division bench of the high court at Nagpur, comprising Justice Vinay Joshi and Justice Vrushali Joshi, heard a petition filed by the Ex BJP MLC seeking to quash the chargesheet.

The chargesheet was filed in a case against the Ex BJP MLC after an amount of Rs.4.75 lakh, two liquor bottles, and election material in the form of stickers of a political party were found in his car, which was used for the election campaign.

The Ex BJP MLC was booked under Section 123 (Corrupt Practices) of the Representation of Peoples Act and Section 171-H (Illegal payments in connection with an election) and 188 (Disobedience to order duly promulgated by a public servant) of the IPC.

The cash and liquor bottles were recovered from the car, which was being driven by the co-accused.

The high court found that Section 171-H can be invoked against persons (agents) other than the candidate who is acting without the authority of the candidate. However, in the present case, it was invoked against the candidate itself.

The division bench also noted that for an offence under Section 188, for a person to show disobedience towards the order promulgated against the public servant, there should be an order that is promulgated. However, in the present case, no order was promulgated.

On the high court’s query, Additional Public Prosecutor Doifode informed that the chargesheets are verified by the Deputy Superintendent of Police or the Sub-Divisional Police Officer or the Assistant Commissioner of Police before filing in the courts.

The bench noted that in the present case, the sections invoked by police did not apply at all and a little amount of care would have prompted the verifying authority to conclude that there exists no material in support of the charges levelled.

The high court, while quashing the chargesheet, said that the police shall take proper care before filing chargesheets and that uncalled police reports increase the dockets of the court, ultimately making the exercise of courts futile.

“The consequence of filing charge-sheet are many fold. The person named as an accused require to obtain bail, attend Court and face prosecution. Moreover, uncalled police reports would increase the docket which is ultimately a futile exercise in the Courts of law. We expect that the Police shall take proper care before filing of charge-sheets, to verify and only on satisfaction file it in the Courts of law,” the order reads.

Case title: Sagar D. Meghe vs State of Maharashtra