HC asks police to explain why MLC was shown as ‘absconding’ in chargesheet

The High Court of Karnataka on Thursday directed the jurisdictional Deputy Commissioner of Police and the investigation officer to file affidavits explaining how a Member of the Legislative Council (MLC), Y.A. Narayanaswamy, was shown as “absconding” in the chargesheet filed against him and others in connection with a case related to allegedly violating prohibitory orders during the Assembly elections in May.

Justice P.S. Dinesh Kumar issued the directions while hearing a petition filed by Mr. Narayanaswamy, who was elected to the Council from Karnataka South East Teachers’ constituency in June this year as a BJP candidate, challenging the criminal proceedings.

While directing the investigation officer to personally appear before the court on December 15, the court also asked the investigation officer to explain what actions he had taken to find the MLC if he was absconding. The court also stayed the criminal proceedings against Mr. Narayanaswamy.

A magistrate court had in September issued a non-bailable warrant against Mr. Narayanaswamy as he was shown as “absconding” in the chargesheet filed on July 1, 2018 though alleged offences were bailable.

The Sajnayanagar police inspector had suo motu lodged a complaint against Mr. Narayanaswamy on May 14, 2018 for violating prohibitory orders issued under Section 144 of the Code of Criminal Procedure. It was alleged that the petitioner, along with 25 other BJP workers, had unlawfully assembled near a polling booth in Lottegollahalli area in Hebbal Assembly constituency during re-polling questioning alleged election malpractice by an Opposition party candidate. Mr. Narayanswamy had lost the election.

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Printable version | Apr 7, 2020 11:08:54 PM |

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