RAJU BANJARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been preferred assailing the FIR No.45/2020 dtd. 28/5/2020 which has been registered against the petitioner for the offences punishable under Sec. 467, 468, 471 and 420 of the I.P.C.

(2.) Briefly narrated facts are that the complainant - respondent No.2 Jeevan Lal Sharma lodged the above referred FIR against the petitioner (who has contested election of Sarpanch against him and succeeded) and alleged that despite having three children, the petitioner had filed the nomination paper, with a false declaration that he had only two children on the date of submitting nomination form.

(3.) While disputing the fact that the petitioner has more than two children on the date of submitting nomination, as he has given up one child in adoption, learned counsel for the petitioner argued that even if the best case of the complainant is accepted that the petitioner indeed was having more than two children as on the date of submitting nomination form, the proceedings cannot be initiated/continued against the petitioner at the instance of the complainant, who is not a public officer.