DEELIP Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties.

(2.) The applicant herein is arrayed as accused in Crime No.I-23/2015, registered with respondent No.1. The applicant is Government servant and working on the post of Assistant Registrar, Co-operative Societies, Sailu. It is the case of the applicant that the process of election of Nirwadi (Kh.), V.K.S.S. Society was set in motion and voting was scheduled to be held on 22.3.2015. The complainant was one of the contesting candidate in the said election.

(3.) The respondent No.2 filed complaint on 26.3.2015 before the Judicial Magistrate, First Class, Sailu bearing Criminal Misc. Application No.58/2015. It was alleged in the said complaint that though the person whose name is appearing at Sr.No.327 namely Kiralkar Rambhau Tukar died on 11.12.2004, on the date of voting i.e. 22.3.2015 at about 2.00 p.m., one of the resident of Nirwadi (Bk.) namely Kale Rambhau Tukaram came at the polling station having forged identity card in the name of Kiralkar Rambhau Tukar and told the Presiding Officer that he is Kiralkar Rambhau Tukar, his name appears at Sr.No.327 of the voters list and he should be allowed to cast vote. The complainant objected for allowing said Kale Rambhau Tukaram to cast vote. However, the Returning Officer Mr. M.R. Rathod allowed the said Kale Rambhau Tukaram to vote. There was also allegation in the complaint that the polling agents acting for candidate belonging to opposite party also helped said Kale Rambhau Tukaram to cast his vote. So far the present applicant is concerned, it is alleged that, the present applicant who is working as Assistant Registrar, Cooperative Societies, helped said Kale Rambhau Tukaram to cast his vote. The said complaint filed by the complainant was entertained by the Magistrate and investigation under Section 156(3) of the Criminal Procedure Code was ordered. Hence this application for quashing the F.I.R.