PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard learned counsel for the petitioner and learned APP for the State.

2. By way of this application, the petitioner has challenged the order dated 30.08.2005 passed by the learned Additional Chief Judicial Magistrate, Barh, in connection with Bakhtiyarpur P.S. Case No.45 of 2005, whereby the learned Magistrate has taken cognizance against the petitioner under Section 171(H) of the Indian Penal Code and under section 3 of the Bihar Prevention of Defacement of Property Act.

3. As per the F.I.R., the Sub-Divisional Officer, Barh had issued a direction for removing the posters/banners of the candidates belonging to different political parties which were put on the walls/poles and to further lodge F.I.R. against them. Acting upon the said directions, the informant along with other police personnel visited different places which falls under the jurisdiction of Bakhtiyarpur police station and during inspection found different posters/banners of various candidates of different political parties hanging on the walls/poles. It is also alleged that the poster/banner of the petitioner, who belongs to the Congress party, was also found to be hanging on the pole/wall. Accordingly, the present F.I.R. has been lodged against the nine candidates including the present petitioner.

4. Learned counsel for the petitioner submits that from perusal of the F.I.R., it appears that there is no specific allegation against the petitioner and he has no concern at all with respect to the place where the alleged posters/banners were hanged. He further submits that even if the statements made in the F.I.R. is taken to be true then also no specific allegation against the petitioner has been made in the F.I.R. and only a statement that a poster belonging to the Congress party candidate was found hanging on the pole/wall. Further, there is absolutely not even a whisper of allegation against the petitioner being involved in any activity or that he was present while the police officials were on patrolling duty.

5. It has been submitted by learned counsel for the petitioner that admittedly in the said election from Bakhtiyarpur Constituency, the Congress party never contested the election and was in alliance with other political parties and in the said constituency, the candidates of Lok Jan Sakti Party was contesting.

6. It is the case of the prosecution that the name of the petitioner was written on the alleged poster/banner but the submission of the petitioner is that the mere fact that the name of the petitioner was written on the poster/banner does not mean that it was put up by the petitioner himself. Moreover, the petitioner has no concern with the area from where the alleged posters/ banners were seized since the Congress party was not contesting the election from that area and was in fact in alliance with other political parties.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMzMjk2NiMyMDE4IzEjTg==-bIr3TIrcQOk=

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