VARMA 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 lecturer in Government Inter College, Shantipuri, Udham Singh Nagar. The District Election Officer appointed the petitioner as Presiding Officer under intimation to the Principal, Govt. Inter College, Shantipuri, District Udham Singh Nagar. The petitioner was sent for a Government training programme to Dehradun which was scheduled already in compliance of letter dated 31st March/1st April by Director of School Education, Dehradun and letter dated 04.04.2008 of District Education Officer, Udham Singh Nagar.

(3.) On receipt of letter/order of District Election officer, the Principal, Govt. Inter College, Shantipuri, immediately apprised the District Election Officer about the actual fact vide its letter dated 09.04.2008, and also sent a letter to Director of Education, Dehradun on 10.04.2008, to relieve the petitioner immediately for participating in training for the purpose of elections.