RAJ KUMAR DOGRA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.MMO No. 166 of 2011 and Cr.MMO No. 198 of 2011 as both have arisen out of Criminal Case No. 8 of 2009, titled State vs. Raj Kumar pending in the Court of learned Special Judge, Kullu.

(2.) THE petitioners have filed the above petitions under Section 482 Criminal Procedure Code read with Article 227 of the Constitution of India, for setting aside order dated 24.11.2010 passed by learned Special Judge, Kullu framing charge against the petitioners under Sections 465, 468, 471 read with Section 120 -B IPC and under Section 13(2) of Prevention of Corruption Act, 1988.

(3.) ON 3.12.2005, Raj Kumar had filed nomination papers and annexed fake caste certificate dated 20.1.1992 for contesting election of Pardhan of Gram Panchayat, Jagatsukh against reserved seat for scheduled caste with the intention to cheat, thus committed an offence punishable under Section 471 read with Section 120 -B IPC. Petitioner Raj Kumar in conspiracy with petitioner Kehar Singh fraudulently used as genuine the caste certificate dated 20.1.1992 issued by Sub Divisional Magistrate, Kullu on the basis of false report submitted by petitioner Kehar Singh and thus committed an offence punishable under Section 471 read with Section 120 -B IPC.