PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under section 482 Cr.P.C. seeking quashing of FIR No. 355 dated 26.10.2012 registered under sections 420, 467 & 120-B IPC at police station Pehowa, and all other consequential proceedings arising therefrom. Learned counsel for the petitioner contends that petitioner was suitable candidate for appointment as Sarpanch as he belonged to schedule caste category, being a khatik. He submits that instant FIR was registered prior to cancellation of schedule caste certificate of the petitioner. From the perusal of FIR, no offence is made out. According to him, respondent had alternative remedy of preferring an election petition but he did not avail of same. Thus, FIR deserves to be quashed.

(2.) Learned State counsel has opposed the prayer. According to him, challan has already been presented before the competent court. He submits that post of Sarpanch of Gram Panchayat, Garhi Langir was reserved for scheduled caste. However, on an enquiry being conducted by Tehsildar, petitioner was found to be belonging to Lohar caste which comes in the category of backward class.