PRITHVI SINGH Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) This Criminal Misc. Petition under section 482 Crimial P.C. has been filed by the petitioner with a prayer for quashing of the FIR No.30/2015 lodged at Police Station, Sheo, District Barmer for the offences punishable under sections 420, 192 IPC.

(2.) The impugned FIR has been lodged on the basis of a complaint filed by the complainant mainly with the allegation that the petitioner while contesting election for the post of Sarpanch of Gram Panchayat, Dharvi Kalla in the General Election, 2015, submitted false declaration regarding his children in the nomination form. It is also contended that as per the provisions of Rajasthan Panchayati Raj Act, any person having more than two children after 27.11.1995 is not qualified to contest the election for the post of Member or Chairperson of a Panchayati Raj Institution and the petitioner was having more than two children after 27.11.1995, but with the intention to make him eligible to contest election made false declaration about number of his children and their date of birth, therefore, he has committed the offence of cheating and forgery.

(3.) The challenge to the impugned FIR is made by the petitioner mainly on the ground that from bare reading of the allegations contained in the impugned FIR, no case for commission of cognisable offence is made out and even if the allegations contained in the impugned FIR are taken as it is, then also the only offence, which can be made out against the petitioner is of furnishing false information/evidence before a public servant. It is contended that the offence of furnishing false information/evidence while contesting election is a non-cognisable offence and, therefore, as per sub-section (2) of section 155 CrPC, the police has no jurisdiction to investigate into the non-cognisable offences without there being any order from the Magistrate concerned and as such the impugned FIR registered against the petitioner is liable to be quashed and set aside.