KIRAN KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal Miscellaneous petition has been filed under Section 482 Cr.P.C. for quashing of the proceedings pending in the Court of learned Additional Chief Judicial Magistrate, Danta Ramgarh, District Sikar (Raj.) in Criminal Case No. 569/2015, C.I.S. No. 332/2015 arising out of the FIR No. 53/2015 registered at Police Station Danta Ramgarh, District Sikar (Raj.) for the offences under Sections 420, 467, 468, 471 and 120-B I.P.C.

(2.) Brief facts of the case are that the petitioner being an eligible candidate, has contested the election of Sarpanch of Gram Panchayat Banuda, District Sikar in the year 2015, in which, the petitioner has defeated the respondent No. 2- complainant and due to political rivalry and just to harass the petitioner, the respondent No. 2-complainant has filed a criminal complaint against the accused persons including the present petitioner in the Court of learned Additional Chief Judicial Magistrate, Danta Ramgarh, District Sikar with regard to an incident, which is alleged to have taken place on 17.1.2015 and 18.1.2015. The learned Magistrate forwarded the aforesaid complaint under Section 156(3) Cr.P.C to the concerned Police Station Danta Ramgarh, District Sikar for registration and investigation of the case.

(3.) Counsel for the petitioner submits that the issue involved in this petition regarding submitting of false information before the Returning Officer has already been considered by a Co-ordinate Bench of this Court in the matter of Rekha Bano Vs. State of Rajasthan and Anr., in S.B. Criminal Misc. Petition No. 1561/2019 wherein vide order dated 7.3.2019, this Court has held as under: