KARAN SINGH Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) The crux of the facts, which needs a necessary mention, for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that complainant Mahesh Kumar (respondent No.2) was the member of the Boodpur Credit Cooperative Society Ltd. Boodpur (for brevity "the society"). The elections for the management of the society were scheduled to be held on 3.7.2001. He filed the nomination as scheduled caste candidate in the office of Assistant Registrar (in short "the A.R."), Cooperative Societies as per the election programme. Many other persons have also filed their nominations to contest the elections of the society.

(2.) Levelling a variety of allegations and narrating the sequence of events, in all, the complainant-respondent claimed that the accused committed a criminal conspiracy with each other. They forged his signatures on the application for alleged withdrawal of his nomination. They submitted a false application on 25.6.2001, in which, it was recorded that the complainant had taken back his nomination and in fact he had never given any application to AR in this regard.

(3.) That being so, the complainant filed the complaint (Annexure P4) against the petitioner and other accused, which was sent by the Magistrate under section 156(3) Cr.PC and in pursuance thereof, a criminal case was registered against them, by way of FIR, bearing No.229 dated 16.10.2002 (Annexure P7), on accusation of having committed the offences punishable under sections 420, 467, 468, 471, 120-B, 171F and 196 IPC by the police of Police Station City Rewari.