LALURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. is filed against the order dated 05.12.2019 passed by the Additional Sessions Judge No.1, Sambhar Lake, District Jaipur whereby, the revision petition filed by the petitioner against the order dated 27.02.2017 passed by the learned Additional Chief Judicial Magistrate, Sambhar Lake, District Jaipur framing charges against the petitioner under Sections 420, 467, 468, 471, 474 and 120-B of IPC, has been dismissed.

(2.) Assailing the order, learned Senior Counsel for the petitioner submitted that allegation against him was of furnishing false information before the Returning Officer while submitting nomination papers and in view of provisions of Section 195(l)(a) Cr.P.C, complaint could have been filed by the public servant, i.e., by the Returning Officer only and no private complaint was maintainable. Referring the contents of FIR No.53/2015 registered at Police Station Data Ramgarh, District Sikar, learned Senior Counsel submitted that in case of Smt. Kiran Kanwar Vs. State of Rajasthan and Anr., in S.B. Criminal Misc. (Petition) No.4345/2019, arising out of the aforesaid FIR involving identical facts, this Court, vide its judgment dated 10.12.2019, quashed the proceeding initiated on behest of private complaint in view of bar contained under Section 195(l)(a) Cr.P.C. He submitted that the Special Leave to Petition preferred against the aforesaid judgment has been dismissed by the Hon'ble Apex Court. He, therefore, prayed that the order impugned be quashed and he may be discharged from the offences under Sections 420, 467, 468, 471, 474 and 120-B of IPC.

(3.) Per contra, learned Public Prosecutor assisted by the learned counsel for the complainant opposing the prayer submitted that in the present case, the allegations disclose commission of cognizable offence also and hence, the bar under Section 195 (1) (a) Cr.P.C. is not applicable. They, therefore, prayed that the criminal misc. petition be dismissed.