LAKHVINDER SINGH CHHEEMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the charge -sheet dated 08.05.2007 and the summoning order dated 13.08.2007 passed by the Addl. Chief Judicial Magistrate, Kashipur in Criminal Case No.3321 of 2007, under Sections 123(2) of the Representation of the People Act (hereinafter referred to as the Act) and Section 171 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.

(2.) A charge -sheet was submitted against the accused - applicants for the offences under Section 123(2) of the Act and Section 171 IPC. The cognizance was taken by the Magistrate concerned, vide order dated 13.08.2007 and accused -applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicants.

(3.) SO far as the other offence under Section 123(2) of the Act, it will be appropriate to reproduce the same herein below: -