PREM DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant misc. petition under Sec. 482 Cr.P.C., the petitioners herein have approached this Court for challenging the order dt. 10/2/2017 passed by the learned Additional Sessions Judge No.2, Chittorgarh in revision whereby, the learned revisional Court dismissed the revision preferred by the petitioners and affirmed the order dt. 10/7/2014 passed by the learned Judicial Magistrate, Kapasan, District Chittorgarh in connection with FIR No.93/2013 registered at the Police Station Akola, District Chittorgarh, taking cognizance against the petitioners for the offences under Secs. 191 and 193 IPC.

(2.) The complainant lodged the above mentioned FIR against the petitioners with an allegation that the petitioner No.1 Smt. Prem Devi, while contesting the election for the post of Sarpanch, Gram Panchayat Gundali, District Chittorgarh, made false declarations regarding her date of birth, etc. The police investigated the matter and submitted a negative final report with the observation that the matter relates to an election dispute. Nonetheless, the trial Court took cognizance against the petitioner in the above terms. The order taking cognizance was affirmed by the learned Additional Sessions Judge in revision as mentioned above.

(3.) A negative final report was submitted by the police after investigation of the FIR No.93/2013 lodged by the respondent complainant at the Police Station Akola observing that the provisions of Sec. 195(1(b) Cr.P.C. clearly prohibit that no Court shall take cognizance of the offences punishable under Secs. 193 to 196 IPC unless a complaint is filed in this regard by the officer/ authority concerned of the Election Commission before whom, the false declaration was made.