MOHAR SINGH MEENA S/O SHRI MANGI LAL MEENA, AGED ABOUT 74 YEARS, RESIDENT OF MEENA BARODA, P.S. BAZIRPUR DISTRICT SAWAI MADHOPUR Vs. STATE OF RAJASTHAN THROUGH P.P.

JUDGEMENT

(1.) This petition has been filed by the petitioner with the prayer that the proceedings in criminal case no.384/2015 (418/2014) pending before the Court of Judicial Magistrate No.2, Gangapur City, titled State Vs. Mohan Singh be quashed and set aside.

(2.) The brief facts of the case giving rise as under that the complainant namely; Girraj Singh Kushwaha in the capacity of District Collector Sawai Madhopur sent a complaint to the Police Station Bazirpur District Sawai Madhopur for lodging F.I.R against the present petitioner. Upon receipt of complaint from the complainant, the police registered a first information report bearing no. 43/2012 on dated 06.02.2012.

(3.) After registration of the above F.I.R, the police started the investigation and after completion of investigation, the police submitted a charge sheet before the court of Judicial Magistrate, Gangapurcity on dated 28.07.2014. The learned Magistrate vide order dated 02.08.2014 took cognizance against the present petitioner for the offences punishable under 465, 471 of I.P.C. and Sec. 3/7 of State Emblem of India (Prohibition of Improper Use) Act, 2005. After taking cognizance, the learned Magistrate framed charges against the present petitioner for the offences punishable under Sec. 465, 471 of I.P.C and Sec. 3/7 of State Emblem of India (Prohibition of Improper Use) Act, 2005.