AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing the report submitted by the police under Section 173 Cr.P.C. and framing the charge by the Judicial Magistrate Ist Class, Batala.

(2.) THE relevant facts for the disposal of this petition are that the election of Gram Panchayat in village Masanian was held on 22.1.1993. The petitioner was declared as elected Sarpanch in the said election. The Presiding Officer of the election was Gurdial Singh and The Assistant Presiding Officer was the Nagar Mall. The whole allegations in the police report are that 200 votes in excess were recovered from the ballot box out of which 100 votes in excess were found in the ballot box of the petitioner and another 100 votes in excess were found in the ballot box of various panches. It is further the case of the petitioner that the excess votes were not counted. They were kept separate. Even after keeping those votes separate, the petitioner was declared as elected. Sarabjit Singh Khokar who was the Supervisory Officer Block Batala lodged report with the police and during investigation it was found that no excess vote in the ballot box of Balwant Singh, the opposite candidate was found. After completion of the investigation, the charge against the petitioner was framed under Section 171-E IPC. The petitioner challenged the report under Section 173 Cr.P.C. and the charge-sheet on the following grounds :-

(3.) THE Apex Court in State of Haryana and others v. Ch. Bhajan Lal and others, 1991(1) RCR(Crl.) 383 (SC) : AIR 1992 SC 604 has laid down guide-lines where High Court can exercise inherent powers under Section 482 Cr.P.C. to prevent the abuse of process of law. However, this should be done sparingly and in ratest to rare cases. The guidelines are as under :