BALRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The instant misc. petition has been filed by the petitioner challenging the order dated 7.11.2012 passed by learned Additional Sessions Judge No.1, Hanumangarh in Criminal Revision No.4/2012 (5/2012) whereby he has rejected the revision petition filed by the petitioner and has upheld the order dated 17.12.2011 passed by the learned Judicial Magistrate, First Class, Tibi in connection with FR No.18/2010 arising out of FIR No.66/2010 of P.S. Tibi whereby cognizance has been taken against the petitioner for offences under Sections 417, 177, 193 and 200 IPC.

(3.) Learned counsel for the petitioner submits that exfacie the prosecution of the petitioner for the said offences is illegal. He submits that on the very same allegations, the complainant filed an election petition against the petitioner and when he was unsuccessful in the same, the instant prosecution has been launched by the complainant which is nothing but an act of vengeance. He further contends that for the offence under Section 177 IPC, no cognizance can be taken in absence of a complaint filed by the public servant before whom the false information has been furnished. He submits that the election officer before whom the petitioner had filed the nomination form, has not filed any complaint. He thus urges that the prosecution of the petitioner in this case is illegal and hence, the orders impugned deserve to be quashed.