MOHD. NAFEES Vs. MOHD. IMRAN ISMAIL

JUDGEMENT

(1.) FEELING aggrieved by the dismissal of Criminal Revision No. 22/2009 vide order dated 23.01.2010 passed by learned Addl. Sessions Judge affirming the order dated 11.09.2009 passed by learned MM in CC No. 1987/2008, the Petitioner has filed this Crl. M.C. No. 3197/2010 praying for quashing of the orders dated 11.09.2009 and 23.01.2010. Briefly stating, the facts of the present case are that the Petitioner herein filed a complaint under Section 200 Cr.P.C. praying for summoning of Respondent for committing the offences complained of. As per the accusations made in the complaint, the Respondent, while submitting his Nomination Form before the Election Commissioner for contesting the elections of Councilor of MCD declared for 05.04.2007, filed documents alongwith an affidavit giving required status and antecedents as per the provisions of DMC Act and Public Representative Act. In the said affidavit, the Respondent stated on oath that he was facing trial in a case but he intentionally and deliberately did not disclose the particulars of the case i.e. FIR No. 220 dated 04.07.1998 under Section 147/148/34 IPC, PS Sadar Bazar. Thus, he concealed the material fact in the Form and affidavit and violated the specific terms and conditions for contesting the election. The Respondent contested the elections on the basis of said manipulated Form and false affidavit and got elected.

(2.) THE Petitioner also filed a complaint dated 30.05.2008 addressed to State Election Commissioner praying for appropriate action to be taken against the erring person but the State Election Commissioner did not act upon the said complaint dated 30.05.2008. Alongwith the Complaint under Section 200 Cr.P.C., an application under Section 156(3) Cr.P.C. was also filed before the learned MM.

(3.) THAT the respondent/accused has concealed this material fact, and filed false affidavit and suppressed the answers to the queries made in the Form.