GULAB CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision application has been filed against the order passed by the Additional Sessions Judge, Gangapur City on Jan. 6, 1973. The only question that arises for determination in this revision application is as to whether the proceedings pending before the criminal court should be dropped in the absence of any complaint by the Election Tribunal or the sanction of the Competent Authority.

(2.) The facts, which have given rise to this revision application, are as under:-

(3.) In Feb. 1962, general elections to the Rajasthan Legislative Assembly took place and the accused petitioner Gulab Chand was one of the contesting candidates for election to the Rajasthan Legislative Assembly from the Gangapur City Constituency, while another contesting candidate from the same constituency was Shri Govind Sahai. It appears that Shri Govind Sahai was declared elected at the aforesaid election and in accordance with the relevant law, relating to the holding of elections, the returned candidate filed a statement of accounts regarding his election expenses before the Returning Officer on March 28, 1962. After some time, the successful candidate Shri Govind Sahai filed a complaint that certain interpolations have been made in the quantity of petrol purchased and the price paid by him in respect thereof in some of the vouchers submitted by Shri Govind Sahai along with his return of election expenses. The police put up a challan against 5 persons, including Gulab Chand, for commission of offences punishable under Sections 409, 466, 477 A, 109, 193 and 120-B I. P. C. in the court of the Magistrate Sawai Madhopur on Aug. 12, 1964. Thus, the proceedings in the aforesaid criminal case are pending for the last 15 years and according to the learned counsel for the parties, much progress has not been made as yet in that case.