RABIYA BANO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 78/2021 registered at Police Station Kaman, Distt. Bharatpur for the offence under Sections 420, 467, 468, 471, 193, 198, 199, 120B IPC.

(2.) Heard learned counsel for both the sides and perused the material made available on record.

(3.) Learned counsel for the petitioners submits that the petitioner No. 1 is an elected Sarpanch of Gram Panchayat Gadhzaan Distt. Bharatpur. The defeated candidate Smt. Hazari has lodged this FIR due to political rivalry. The impugned FIR has been lodged mainly with the allegation that the petitioner No. 1 gave false information in the nomination paper during the course of election process. Thus, even if the allegations are taken to be true at the most offence under Section 177 Cr.P.C. is made out for which complaint can be made only by the Public Servant in terms of Section 195(1)(a) Cr.P.C. Accordingly, the impugned FIR deserves to be quashed being non-maintainable. He has placed reliance on judgment passed by this Court in SB CRLMP No.1561/2019; Rekha Bano v. State of Rajasthan decided on 07.03.2019.