NIRMALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Cr.P.C. has been preferred with the following prayer:-

(2.) Brief facts of the case as placed before this Court by learned counsel for the petitioners are that on the basis of a complaint made before the learned Judicial Magistrate, Pilibanga by the complainant-respondent no. 2, Rai Singh, an F.I.R. bearing No. 0335/2017 was registered at Police Station, Pilibanga. It was averred therein that on 1/2/2015, an election was conducted for the post of Sarpanch in Gram Panchayat, Pilibanga; for which, candidates were to submit their forms before the election officer, and that as per the law, a person having more than 2 children would ipso facto be disqualified from contesting the said election; for establishing the qualification/eligibility to contest the election, an affidavit with respect to the same, along with the election forms, must also be filed. However, that the complainant-respondent no. 2, being a and R/o Nihalpura village, entered a war of words with the accused-petitioner no. 2, Shankar Lal, at a camp organized in the village on 18/5/2017 wherein the said accused allegedly stated that his wife contested a ward election and won the seat, despite having three children. It was further averred therein, that the complainant secured relevant copies of the election form, affidavit and other documents through the Right to Information Act, 2005 whereby it is clear that the accused-petitioner No. 1 has only two children, and a concealment was made by her in the said documents.

(3.) Learned counsel for the petitioners submitted that the complaint is baseless and is wrong on the facts, and the accused petitioners no. 1 and 2 in fact only have two biological children, namely Reeta and Nisha, and that the third child, Maya, is their niece who is under their care. And that the same is verifiable from the ration card and school certificates of their niece, which reveal that her father is Mr. Prithvi Raj.