Karnataka High Court quashes criminal case against BSP chief Mayawati

The Karnataka High Court has quashed criminal proceedings against former Uttar Pradesh Chief Minister and Bahujan Samaj Party (BSP) chief Mayawati, and BSP All India General Secretary, Sathish Chandra Mishra in a case registered against them for assault on public servant [Mayavathi and Anr. v. State of Karnataka and Anr].The allegation against Mayawati was that she had prevented Election Commission officials from checking currency bundles allegedly in her possession and had snatched the same from them when they tried to count it.Single-judge Justice S Sunil Dutt Yadav said that the same will not amount to an offence under Sections 353 (assault or criminal force to deter public servant from discharge of his duty) under the Indian Penal Code (IPC). "In the facts of this case, what needs to be noted is though there is an assertion that the complainant was prevented from counting the currency notes, the only assertion in the complaint is that the currency note bundle was not permitted to be counted and was snatched away from the hands of the Official. That by itself which is the version of the complainant would not be sufficient even if accepted as amounting to criminal force as envisaged under Section 353 of IPC," the Court said. .Besides Section 353, the BSP leaders had also been charged for offences under Sections 188 (disobedience to order duly promulgated by public servant) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC). .The complaint was registered when Election Commission officials were checking the amount of money in Mayawati's possession during her campaign for the 2013 assembly elections in Karnataka.It was alleged that while the officials were checking her handbag, she did not allow them to count the money in her possession and 'snatched' the notes back. As the process was not completed, the officers had to repeat the checking again. When Mayawati explained that only ₹50,000 out of the ₹1,00,000 found in her possession belonged to her, and the remaining amount belonged to the General Secretary of the party, the cash was not seized by the checking team. .The Court noted that for a complaint of an offence under Section 188 (disobedience to order duly promulgated by public servant), Section 195 (prosecution for contempt of lawful authority of public servants) of the Code of Criminal Procedure (CrPC) clearly requires the complaint to be filed in terms of Section 200 (examination of complainant) of the CrPC, which had not been fulfilled in the present case. .Regarding Section 353 (assault or criminal force to deter public servant from discharge of his duty) of the IPC, the Court noted that the complaint only asserted that the currency note bundle was not permitted to be counted and was "snatched away" from the hands of the official. By itself, this does not amount to criminal force, held the Court. .Further, the explanation of the petitioner that only ₹50,000 out of the ₹1,00,000 belonged to her was accepted, and there was no seizure of cash by the checking team. Thus, the process of questioning regarding the amount had been completed. Since the explanation had been accepted by the Election Commission of India, the continuance of the proceedings would not secure the end of justice, the Court said, while allowing the petition and quashing the criminal proceedings. .Senior Advocate Pramila Nesargi with advocate C Jagadish represented the petitioners. High Court Government Pleader S Vishwa Murthy appeared for the State. .[Read Order]