GURBACHAN SINGH Vs. RAM PARKASH

JUDGEMENT

(1.) Upon a complaint instituted against the petitioner (hereinafter referred to as the non-applicant) by the respondent (hereinafter referred to as the applicant) the learned Magistrate after recording the preliminary evidence in his judicial wisdom found that no offence prima facie was established against the non-applicant as a result of which the complaint was dismissed and he was directed to take legal recourse before the election authorities.

(2.) Precisely, the allegations levelled against the non-applicant were that he had filed a false affidavit before the Returning Officer fraudulently that he belongs to Lohar castes as a result of which the applicant could not be coopted for the purposes of election.

(3.) On revision different view was taken by the learned Additional Sessions Judge, Hoshiarpur, who held that the trial Court did not discuss the evidence to the extent that a written affidavit was filed by the non-applicant as a result of which the applicant lost the chance to be coopted for the election. He, therefore, set aside the order passed by the trial Court and directed that the non-applicant be summoned.