SAVARJIT LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed by the petitioner seeking a direction to respondents No. 1 to 5 to register FIR under Sections 171G, 417, 420, 465, 468 and 471 IPC at Police Station Division No. 5, Ludhiana against respondent No. 6 -Ashok Kumar, Ex. Municipal Councilor for committing fraud and cheating with the State as well as the petitioner.

(2.) THE contention of learned counsel for the petitioner is that Ashok Kumar respondent No. 6 was elected as Municipal Councilor, Municipal Corporation, Ludhiana from Ward No. 5 of District Ludhiana in the General Elections of Municipal Corporation, Ludhiana held in the year 1997. During the said elections, Ward No. 5 was reserved for Scheduled Caste (Men). Ashok Kumar had filed his nomination for the said ward and thereafter got elected from the above stated constituency which was exclusively reserved for Scheduled Caste (Men) by falsely claiming himself to be a 'Ramdassia' (SC) at the time of elections i.e. in the year 1997. It is further contended that respondent No. 6 had got prepared a false Caste Certificate by committing forgery with an intention to cheat the authorities by getting himself illegally declared as a 'Ramdassia' and claiming himself as a Scheduled Caste. Neither the father/fore -fathers of respondent No. 6 have been known member(s) of the said Caste, nor his real brother is a member of the same. The said illegal act has been committed by Ashok Kumar -respondent No. 6 with an intention to usurp the benefits which were otherwise to be availed by the genuine Scheduled Caste candidate. He got issued a false Scheduled Caste certificate in his name in connivance with the officials who falsely attested and endorsed the same. Copy of the said certificate issued in the year 1997 has not been supplied by the Authority till date and it will be produced after receiving the same which has been applied much earlier with the concerned department.

(3.) AFTER considering the facts of this case, I am of the considered view that no indulgence of this Court is required. Various options are available to the petitioner to pursue his remedy of this nature.