The Madras High Court in the case Abubakkar Shithik v State and another observed and has stated that the offence stated under Section 127A of the Representation of Peoples Act is a non-cognizable one.
The bench headed by Justice Sunder Mohan in the case observed and has held that since the punishment prescribed for the offence is imprisonment for a period of six months as it is stated under Schedule II of the Criminal Procedure Code, 1973, the same would be a non-cognizable offence.
The court in the case observed that as per Schedule II of Section 127(A)(4) appended to the Code of Criminal Procedure that the punishment prescribed for the said offence is for the period six months. Further, the Police have no jurisdiction to investigate the said offence unless the procedure is being prescribed under Section 155 of the Code of Criminal Procedure, 1973 had been followed.
In the present case, the petitioner named Abubakkar Shithik had moved the plea in order to quash the FIR which is filed against him for the offence under Representation of Peoples Act. Thus, it was alleged that he had affixed notices on the walls of the houses on two streets in Chennai, wherein it was alleged in violation the order of the Election Commission.
It has also been contended by the petitioner, Shithik in the case that the final report is liable to be quashed on the ground that the police had no jurisdiction in order to investigate and also to file report as the offence was non cognizable. Therefore, it has also been submitted by the Advocate (criminal side) that the offences being non- cognizable.
The counsel, Mr.I.Abdul Basith appeared for the petitioner.
The counsel, Advocate, Mr.S.Balaji represented the Respondent.
