Introduction:

In a recent development, the Nagpur bench of the Bombay High Court has quashed criminal charges against former MLC Sagar Meghe, relating to the discovery of Rs. 4.75 lakh cash during his 2014 parliamentary election campaign. The court, comprising Justice Vinay Joshi and Justice Vrushali V Joshi, allowed Meghe’s application for quashing the charge-sheet, emphasizing the lack of evidence supporting the charges under various sections of the IPC and the Representation of the People Act.

Arguments:

Meghe’s counsel presented the maximum election expenses limit of Rs.70 lakhs, set by a Government of India Notification in 2014, as a crucial factor. They argued that finding cash below this limit should not constitute an offense. The court criticized the police for invoking irrelevant sections and highlighted the need for due diligence in verifying charge-sheets before filing them.

Court’s Judgment:

The court ruled that the mere discovery of Rs. 4.75 lakh, two liquor bottles, and election material in a vehicle used for campaigning did not warrant charges under Sections 171-H and 188 of the IPC or Section 123 of the Representation of the People Act. It stressed that Section 123 defines ‘corrupt practices’ without imposing penal consequences. The court also clarified that Section 171-H couldn’t apply to Meghe, the candidate himself, and highlighted procedural lapses in filing the charge-sheet.