TIKSHAN SOOD Vs. SATBIR SINGH

JUDGEMENT

(1.) Petition under Section 482 Cr.P.C. has been filed with a prayer to quash criminal complaint No.Regn.No.COMI/40/2018 dated 23.03.2018 filed under Section 171-G of IPC and Section 125-A of the Representation of Peoples Act, 1951 (hereinafter to be referred as "the Act of 1951") and all subsequent proceedings including the order summoning the petitioner dated 05.07.2018 passed by the Chief Judicial Magistrate, affirmed in revision by Additional Session Judge vide order dated 31.01.2019.

(2.) Respondent-Complainant filed a criminal complaint invoking the jurisdiction of the Chief Judicial Magistrate for prosecuting petitioneraccused. Various averments were made in the complaint. In some and substance, the allegations are that petitioner while filing his nomination paper for 2017 Assembly Elections, has not furnished correct information and has deliberately concealed material facts. After recording of preliminary evidence, petitioner-accused was summoned only on the basis of allegations made in para 7(C) of the complaint which is extracted as under:-

(3.) Operative part of the order passed by the learned Chief Judicial Magistrate summoning the petitioner is extracted as under:-