SAROJ DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 1.8.2018 passed by Judicial Magistrate, Bansur Alwar whereby in Criminal Case No.136/2016 arising out of FIR No. 47/2015 registered at Police Station Harsora, Alwar, the court has refused to discharge the petitioner in respect of offences under Sections 420, 467, 468, 471 and 120B IPC, be set aside alongwith the order dated 4.12.2018 passed by Additional Sessions Judge, Bansur, Alwar whereby order passed by the Magistrate was upheld.

(2.) Briefly stated that the complainantrespondent no.2 filed a complaint in the court of Judicial Magistrate, First Class,Bansur, Alwar against the petitioner alleging therein that for contesting the election to the post of Sarpanch of Gram Panchayat Harsora, he had furnished false and fabricated transfer certificate depicting himself to be eligible to contest the election. The complainantrespondent no.2 had alleged that the petitioner in order to become eligible alongwith nomination form had furnished forged and fabricated transfer certificate to show that he had passed VIII Class.

(3.) On the above said complaint, order under Section 156(3) Cr.P.C. was passed and on basis thereof, formal FIR bearing No. 472015 was registered at Police Station Harsora, Alwar for the offences under Sections 420, 467, 468, 471 and 120B IPC. The above said FIR was investigated and the investigating agency filed a charge-sheet under Section 173 Cr.P.C. for prosecution of the petitioner.