AMITA TRIVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioners seeking quashing of the F.I.R. No. 13/2011 registered at Police Station Udaimandir, District Jodhpur for the offences under Sections 406, 420, 467 and 120B IPC on the basis of a complaint filed by the respondent No.2 complainant as forwarded to the police under Section 156(3) Cr.P.C.

(2.) Succinctly stated the facts of the case are that the respondent No.2 complainant filed a complaint in the court of the learned Judicial Magistrate alleging inter alia that the petitioner No.1 filed a nomination for contesting the elections for the post of a member of the Muncipal Corporation in the year 2009 and after elections, was declared elected from the Ward No. 14. It was further alleged that the petitioner No. 1 contested the election on behalf of the BJP, whereas the respondent No. 2 contested the elections on behalf of the Congress Party and lost the same. The respondent No.2 filed the instant complaint with the allegation that the petitioner No.l Smt. Amita Trivedi conspired with the petitioner No. 2 her husband Shri Rajesh Trivedi and for the purpose of contesting the election deliberately disclosed false facts in the nomination papers. It was alleged that the petitioner No.l fraudulently mentioned the name of her father-in-law in the column set apart in the nomination paper for the husband's name. It was further stated that the petitioners committed the offences of cheating, forgery and breach of trust.

(3.) The compliant thus filed by the respondent No.2 was forwarded to the Police Station Udaimandir, Jodhpur for investigation under Section 156(3) Cr.P.C, where F.I.R. No.13/11 has been registered for the aforesaid offences. The petitioners have now approached this Court seeking quashing of the F.I.R. registered against them.