MCC violations during Huzurnagar by-poll: HC quashes 3 criminal cases against Uttam
The Telangana High Court, in a single bench proceedings chaired by Justice Kalasikam Sujana, quashed three criminal cases registered against State minister N Uttam Kumar Reddy for alleged violations of the Model Code of Conduct during the 2019 Huzurnagar by-elections, when he was Nalgonda MP.
All the cases had been registered against Reddy and others for offences punishable under Section 188 of the Indian Penal Code, 1860, with the police having filed chargesheets in each instance. In exercising its jurisdiction to quash the proceedings, the court applied the parameters laid down by the Supreme Court in the landmark judgment of State of Haryana Vs Bhajan Lal, which establishes the governing principles for the quashing of criminal proceedings.
The first case was registered on October 18 under Sections 341 and 188 read with Section 34 of the IPC. It arose from a road-show organised by the petitioner at Mattampally chowrastha as part of his campaign canvassing in support of his wife, Padmavathi, the Congress candidate. The petitioner is alleged to have addressed a large gathering in the course of which the road between Mattampally Road and Mattampally main road was obstructed, causing inconvenience to the public and constituting a violation of the MCC.
The second case was registered on October 10 under Section 188 of the IPC and Section 30 of the Police Act. It related to a campaign meeting held by the petitioner at the Telugu Baptist Church in Dirshincherla village, Neredcherla mandal, conducted as part of the party’s electioneering for the by-election, in alleged contravention of the MCC.
The third case was registered on October 19 under Section 188 of the IPC and Section 30 of the Police Act, in connection with a campaign meeting held by Reddy at Ponugodu village in furtherance of the party’s campaign.
Having examined the facts and circumstances of the cases in light of the Bhajan Lal parameters, Justice Sujana found sufficient grounds to quash the criminal proceedings in their entirety, thereby bringing to a close the prosecutions pending against the petitioner.
