KESHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing present criminal miscellaneous petition under Sec. 482, Cr.P.C., the petitioner has prayed that the impugned order dtd. 14/2/2017 passed by learned Chief Judicial Magistrate, Barmer, and FIR No. 391/2016 lodged at P.S. Kotwali, District Barmer may be quashed and set aside.

(2.) Briefly stated facts of the case are that an FIR No.9/2015 was registered against the petitioner at PS Gadra Road, District Barmer for offences under Sec. 191, 192, 193, 197, 198, 199, 200, 420, 467, 468, 471 and 120B IPC. The basic crux of the FIR was that the petitioner No.1 had contested the elections for Sarpanch of Gram Panchayat, Shahdad ka Par on the strength of forged documents. The petitioner No.2 conspired in procuring the forged documents and committed other crimes as alleged in the FIR. The Investigating Agency after making thorough investigation submitted charge sheet against the petitioners for offences under Ss. 420, 467, 468, 471 and 120B of the IPC.

(3.) While, the petitioners were facing trial before the competent criminal court in relation to FIR No.9/2015, the respondent No.2 filed a complaint before learned Chief Judicial Magistrate, Barmer under Sec. 156(3) Cr.P.C for the same allegations on the ground that a forged and fabricated verification report was prepared so that the forged mark-sheet prepared in favour of the petitioner, could be used as a true and genuine document.