SMT. KIRAN MAHESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition under Section 482 Cr.P.C., the petitioner Smt. Kiran Maheshwari has approached this Court seeking quashing of the F.I.R. No. 170/2017 registered at P.S. Rajnagar for the offences under Sections 420 , 467 , 468 and 120B IPC.

(2.) The respondent complainant lodged the above F.I.R. at P.S. Rajsamand against the present petitioner and Sh. Brijmohan Bairwa, the then A.D.M., Rajsamand(Returning Officer) through a complaint filed before the C.J.M. Rajsamand who forwarded the same to the Police Station Rajsamand for investigation under Section 156(3) Cr.P.C. Thereupon the above mentioned F.I.R. came to be lodged and investigation was commenced.

(3.) It is interalia alleged in the F.I.R. that the petitioner Smt. Kiran Maheshwari was wrongly declared elected as member of the Legislative Assembly from Rajsamand constituency as the nomination form submitted by her was fraudulently accepted by the Returning Officer. As per the complainant, the nomination form of the petitioner was accepted by the Returning Officer even though large number of discrepancies existed therein and the entire process of acceptance of the nomination form was manipulated at the petitioner's instance and under her influence. The complainant further alleged that he had submitted a complaint to the S.P. Rajsamand with these very allegations on 27.3.2017 raising a grievance that the interpolation was made in the nomination form by ante timing and the same was shown to be accepted whereas in the original nomination form, the copy whereof complainant claims to have received under the Right to Information Act , the said endorsement of acceptance was missing. The complainant annexed with the complaint, both copies of the nomination forms; one allegedly received by him under the R.T.I. Act , wherein no endorsement of acceptance is marked and the other received later wherein the said endorsement was introduced by way of the alleged interpolation. As per the complainant, the petitioner Smt. Kiran Maheshwari was elected as a Member of Legislative Assembly by manipulating the pre-election process. The petitioner Smt. Kiran Maheshwari has approached this Court for assailing the above F.I.R. through this misc. petition filed under Section 482 Cr.P.C.