Code of Criminal Procedure, 1973: Grant of interim
protection, challenged – Petitioner filed pre-election writ petition
against the proposed elections and when failed to get interim order,
filed post-election writ petition and also criminal complaints –
Respondent no.1 to 3 filed petitions for quashing the criminal
complaints – Pending disposal of criminal complaints, respondent
no.1 to 3 were granted interim stay of all further proceedings
including their arrest before the High Court – On special leave
petition by the complainant, held: It was patently an election dispute
which was sought to be converted to a criminal case – The facts
were so glaring and the background setting so shocking, that High
Court correctly found it to be a fit and proper case to grant interim
reliefs to Respondents 1-3 –It was completely wrong on the part of
the petitioner to contend that the High Court was swayed by the
pendency of civil writ proceedings –High Court was perfectly
justified in granting interim protection to Respondents 1 to 3 and in
ensuring that the supremacy of the ballot is not sabotaged by the
authority of the police.