RAJESH KUMAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present petition under Sec. 482 Crimial P.C., the petitioner seeks to set aside/quash the criminal proceeding in criminal case no. 3403 of 2011, under Sec. 134 of the Representation of the People Act, State Vs. Tapo Vardhan Varma and others, pending in the court of Chief Judicial Magistrate, Udham Singh Nagar.

(2.) When, in the year 2008, the elections of Local Bodies were held, the petitioner during the relevant period was posted as Asstt. Teacher (Science) in Government High School, Turka Gaurim Kichha, Udham Singh Nagar. The District Election Officer appointed the petitioner as Polling Officer under intimation to the Principal of said High school. The petitioner was already on leave due to sudden demise of his father. Petitioner was in his native village in Balia (U.P.) when the Principal of the school gave information to him about election duty on 10.04.2008 over telephone.

(3.) On account of above mentioned unavoidable circumstances and compelling reason, petitioner was not in a position to join the first training, which was scheduled on 11.04.2008 and all the facts and circumstances for non-appearance was conveyed to concerned officer orally by Principal on 11.04.2008. Even then, an FIR was lodged against the petitioner on 104.2008, under Sec. 134 of the Representation of the People Act.