RAJESH JOSHI AND ORS. Vs. STATE

JUDGEMENT

(1.) By this order, I will dispose of two connected petitions i.e. CRM -M -16907 -2015 titled as Rajesh Joshi Versus State through the Electoral Registration Officer and, CRM -M -17932 -2015 titled as Vijay Joshi and others Versus State through the Electoral Registration Officer, filed under Sec. 482 Cr.P.C., for quashing criminal complaint (Case No. 08/14 dated 25.2.2014) (Annexure -P -1), pending against the present petitioners before the Court of the learned Chief Judicial Magistrate, Amritsar. Prayer has also been made for quashing the summoning order dated 25.2.2014 (Annexure -P -3), alongwith all consequential proceedings arising therefrom.

(2.) Brief facts of the case are that the State through Electoral Registration Officer, 15 Amritsar North Assembly Constituency -cum -Additional Deputy Commissioner (Development), Amritsar, Pardeep Kumar Sabharwal, PCS, had filed a criminal complaint against the present petitioners under Sec. 31 read with Sec. 17 of the Representation of People Act, 1950 (in short 'the Act'), stating that the petitioners have got themselves enrolled at two places as voter and had made wrong declarations, which is punishable under Sec. 31 of the Act. The contents of the complaint will be examined in the later part of the judgment.

(3.) Notice was issued to the respondent.