In an S.B. Criminal Misc. Petition, the court dismissed the plea to quash an FIR registered for giving false information regarding the number of children while submitting a Panchayat election nomination form. The court found no ground to quash at the threshold stage as the case was under investigation.
Quashing of FIR is denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. PETITION NO. 1275/2017
Rakesh @ Rajesh S/o Nandlal B/c Saini, Aged About 25 Years, R/o Village Alawada, Tehsil Ramgarh, Distt. Alwar (raj.)
----Petitioner
Versus
----Respondents
For Petitioner : Mr. Gajendra Singh Rathore
HON'BLE MRS. JUSTICE SABINA
Order
09/08/2017
Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 402/2016 registered at Police Station Ramgarh for the offence under Sections 420, 467, 468, 471 Indian Penal Code, 1860.
I have heard learned counsel for the petitioner and have gone through the record available on the file carefully.
F.I.R. in question has been registered against the petitioner on the ground that, at the time of filling up his nomination form for Panchayat Elections, he had furnished false information that he was having only two children whereas, in-fact, petitioner was having three children. Case is still under investigation.
Keeping in view the nature of allegations levelled against the petitioner, no ground to quash the criminal proceedings at the very threshold is made out.
Dismissed.
(SABINA)J.
Mohita/52
2 issues framed by the court
Whether the FIR can be quashed under Section 482 CrPC given the nature of allegations.
Whether false declaration regarding children in Panchayat nomination warrants criminal quashing.
1 provisions across 1 enactments
Rakesh @ Rajesh
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
