PEMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No. 81/2015 dated 20.2.2015 registered at Police Station Kotwali, Pali for the offences punishable under Sections 420, 467, 468, 471 and 120 -B I.P.C.

(2.) BRIEF facts of the case are that the respondent No. 2 has filed a complaint in the Court of Additional Chief Judicial Magistrate, Pali stating that in the General Panchayat Elections 2015, declared by the Government, the required qualification for contesting the election for the Member of Zila Parishad is 10th pass. It is alleged that the petitioner filed his nomination form from Ward No. 27 of Zila Parishad, Pali and along with nomination form, he submitted his marksheet of High School Examination 2001 said to have been issued by the Government Queens Inter College, Varanasi declaring that the petitioner has passed his high school examination in first division. It is contended that during the course of scrutiny of the nomination papers, objections were raised regarding education qualification of the petitioner, but the Returning Officer i.e. the District Collector, Pali has rejected those objections on the ground that persons, who have raised objections regarding education qualification of the petitioner, have not furnished any proof and, therefore, the objections raised by them cannot be sustained. It is contended that the Returning Officer has directed the District Education Officer to investigate regarding the genuineness of high school certificate submitted by the petitioner. It is alleged that despite the directions issued by the Returning Officer, no enquiry has been conducted by the District Education Officer then the respondent No. 2 has sought information from the Secretary of the Secondary Education Council, Regional Office, Varanasi regarding the high school certificate submitted by the petitioner along with his nomination form and the above authority, in response, has informed the respondent No. 2 that no such high school certificate has ever been issued in the name of the petitioner. It is alleged in the complaint that the high school certificate and the marksheet submitted by the petitioner along with his nomination form for contesting the election for Member of Zila Parishad, Pali from Ward No. 27 is forged and the petitioner has used the said forged document as genuine, therefore, action be taken against him. The complaint filed by the respondent No. 2 before the learned Magistrate was forwarded to the Police Station, Kotwali, Pali and the police in turn registered the FIR No. 81/2015 dated 20.2.2015 for the offences punishable under Sections 420, 468, 471 and 120 -B I.P.C. wherein investigation is pending.

(3.) ON the strength of above arguments, learned counsel for the petitioner has prayed for quashing of the impugned FIR.