NISHANT DESHDIPAK VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner has challenged the order dated 7.2.2015 passed by the learned Additional Sessions Court, Ahmedabad (Rural) in Criminal Revision Application No.102 of 2014 as well as the order dated 30.6.2014 passed by learned JMFC, Ahmedabad (Rural) in Criminal Inquiry No.61 of 2014.

(2.) The facts of the case in brief are that the petitioner filed a written complaint on 11.4.2014 before Ranip Police Station alleging offences punishable under Sections 181, 191, 193, 196, 199, 406, 409, 420, 114 and 120 -B of the Indian Penal Code stating therein that in the affidavit filed by respondent No.2 along with the nomination paper for the Legislative Assembly Election, 2012, in the column of spouse, the respondent No.2 has not filled the name of his wife and has kept the same blank and hence, the said affidavit is false and there is suppression of fact. However, in the nomination paper for the general elections of Lok Sabha in the year 2014, the respondent No.2 has mentioned the name of his wife in the column of spouse in the affidavit. Hence, the petitioner has complained that the respondent No.2 has not submitted correct and true facts while filling the nomination paper and hence, suitable action be taken against him.

(3.) I have heard Mr. K.R. Koshti, learned counsel appearing for the petitioner and Mr. Kamal B Trivedi, Advocate General with Mr. P.K. Jani, Additional Advocate General assisted by Mr. Mitesh Amin, learned Public Prosecutor with Mr. R.C. Kodekar, learned Additional Public Prosecutor for the respondent No.1 - State of Gujarat. I have also gone through the orders passed by the Courts below and the documents produced along with the petition as well as the English translation of the documents and judgments which were in vernacular. The translated documents which were in vernacular were supplied to the learned counsel appearing for the parties on 26.6.2015.