NAVAL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner complainant Naval Ram has approached this Court through this revision for assailing the order dtd. 23/7/2018 passed by the learned Sessions Judge, Dungarpur whereby, Criminal Revision No.7/2018 (CIS No.7/2018) preferred by the respondent Smt. Leela Devi was accepted and the order dtd. 7/2/2018 passed by the learned Additional Chief Judicial Magistrate, Dungarpur in connection with Final Report No.21/2015 (arising from FIR No.69/2015 registered at Police Station Bichhiwara, District Dungarpur) taking cognizance and issuing process against the respondent Smt. Leela Devi for the offences under Ss. 467, 468, 471 and 420 IPC, was quashed. No one has put in appearance on behalf of the respondent Smt. Leela Devi despite service of notice.

(2.) I have heard and considered the submissions advanced by Shri Gyan Jyoti Gupta, learned counsel representing the petitioner and the learned Public Prosecutor.

(3.) Brief facts relevant and essential for decision of the revision are noted herein below: The petitioner Naval Ram and his daughter-in-law Sangeeta filed a complaint in the court of the Additional Chief Judicial Magistrate, Dungarpur alleging inter alia that Smt. Sangeeta had contested election held for the post of Sarpanch, Gram Panchayat Pal Padar. The minimum educational qualification for contesting the election was 'Vth Standard'. The respondent Smt. Leela Devi had, as a matter of fact, not cleared the 'Vth Standard' Examination but in order to contest the elections by fraudulent means, she fabricated the marksheet of 'Vth Standard' of the Government Primary School, Panthal and contested the elections on the basis thereof. It was further alleged that an objection was raised in this regard on which, the accused, in connivance with the election officials, managed to substitute the forged marksheet with another marksheet issued from the Bal Sarvodaya Sansthan, Navalshyam which was also a fabricated one. The said complaint was forwarded to the police for investigation under Sec. 156(3) Cr.P.C. The investigating officer conducted thorough investigation after registering FIR No.69/2015 for the offence under Sec. 420 IPC. The relevant documents submitted by the accused Smt. Leela Devi to the Returning Officer, Dungarpur with her nomination form were collected and it came to light that Smt. Leela Devi had submitted the 'Vth Standard' marksheet of Bal Sarvodaya Sansthan, Navalshyam and marksheet of Government Primary School, Panthal was never submitted with the nomination papers. Investigation was made from the Government Primary School, Panthal and it came to light that Smt. Leela Devi had never studied in that school nor any marksheet had ever been issued in her name from the said school. Investigation was also undertaken for the marksheet of the Bal Sarvodaya Sansthan, Navalshyam and some cuttings were noticed in the relevant school record regarding which, statements of the school Principal and teachers, etc. were recorded who satisfactorily explained the cuttings in the documents. Accordingly, finding the allegations of the complainant to be totally false, the I.O. submitted a negative Final Report in the concerned court. It may be stated here that as the complaint was filed by Smt. Sangeeta, who contested the elections, as well as the petitioner Naval Kumar, notices were given to both of them. Smt. Sangeeta filed an election petition for challenging the election of the respondent Smt. Leela Devi but she withdraw the same and did not contest the Final Report. However, Naval Kumar filed a protest petition and got recorded his statement under Sec. 200 Cr.P.C. in support thereof. After recording the statement of Naval Ram, the learned trial court proceeded to issue process against the respondent Smt. Leela Devi for the offences mentioned above by the order dtd. 7/2/2018 who challenged the said order by filing a revision which has been accepted by the learned Sessions Judge, Dungarpur by order dtd. 23/7/2018 which is assailed in this revision petition.