This common order allows two criminal miscellaneous petitions to quash FIRs lodged against petitioners accused of submitting false declarations regarding their children while contesting Ward Panch elections. The Court quashed the proceedings.
The instant criminal miscellaneous petitions are allowed and the impugned orders and FIRs are quashed and set aside.
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[2024:RJ-JD:23803]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(1) S.B. Criminal Misc(Pet.) No. 4621/2019
Panchu Devi W/o Jodha Ram Meghwal, Aged About 40 Years, R/o Vasan Devra, Sanchore, Police Station, District Jalore.
----Petitioner
----Respondents
(2) S.B. Criminal Misc(Pet.) No. 1603/2021
Champa Devi W/o Joga Ram, Aged About 51 Years, R/o Kanodiya Mahasingh, Panchayat Samiti Dechu, Police Station Dechu, Dist. Jodhpur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Dhanpat Choudhary |
|---|---|---|
| For Respondent(s) | : Mr. |
Vikram Sharma,PP |
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
24/05/2024
The present criminal miscellaneous petitions are being decided by way of this common order as the controversies involved in the present matters are similar in nature. The impugned FIRs had been lodged against the petitioners on the basis of complaints filed by the complainants alleging inter-alia
[2024:RJ-JD:23803]
[CRLMP-4621/2019]
(2 of 4)
that the petitioners while contesting election for the post of Ward Panch submitted false declarations regarding their children in the nomination form.
As per the complainant, the petitioners are guilty of committing offence of cheating and forgery.
Learned counsel for the petitioners at the outset submitted that the controversy involved in the instant criminal misc. petitions has already been set at rest by the coordinate Benches of this Court in the case of Ashok Kumar Jain Vs. State of Rajasthan reported in 2019(2) CJ(Cri) Raj. 803, Bano Vs. State of Rajasthan reported in 2019(2) CrLR (Raj.) 997, Prathvi Singh Vs. State of Rajasthan (S.B.Cr.Misc. Petition No.661/2016) and Smt.Kamla Vs. State of Rajasthan (S.B.Cr. Misc. Petition No.1164/2016) wherein it has been held that even if the allegations of the complainant are accepted to be true, then also the offence which at best can be said to be committed by the accused, would be of making false statement in connection with an election which is punishable under Section 171-G IPC or furnishing false information to any public servant punishable under Section 177 IPC or the offences punishable under Sections 181, 193, 199 and 200 IPC; and all these offences are non-cognizable offences. As per the provisions of sub-section (2) of Section 155 Cr.P.C., a Police officer cannot investigate into the allegations of non-cognizable offence without any order of Magistrate having power to try such case or commit such case for trial.
Learned counsel thus urged that the impugned FIRs are liable to be quashed and set aside.
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[CRLMP-4621/2019]
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Learned Public Prosecutor was not in a position to dispute the fact that the controversy involved in the present criminal misc. petitions has already been considered by the coordinate Benches of this Court in a number of cases ( supra ) and the FIRs of similar nature have been quashed and set-aside.
Heard.
Having gone through the case files, this Court finds that the impugned FIRs relate to the allegation that the petitioners have furnished false declarations regarding the number of their children while filing the nomination form for contesting the election for the post of Ward Panch . Obviously, if these allegations are accepted, they would be covered by the offences punishable under Sections 171-G and 177 IPC or possibly for the offences punishable under Sections 181, 193, 199 and 200 IPC. All these offences are either non-cognizable or are of such a nature that no prosecution can be launched in relation thereto without there being a complaint of the public servant concerned in that regard. Hence, no FIR can be registered for these allegations at the instance of the complainant – private individual.
In view of the above discussion, in the opinion of this Court, allowing investigation of the impugned FIRs amounts to a gross abuse of the process of the court and hence, the same deserve to be quashed.
Consequently, the instant criminal misc. petitions are allowed and the impugned order dated 11.9.2017 passed by learned Judicial Magistrate, Sanchore, District Jalore in Cr.Case No.554/2017 in relation to FIR No.191/2017 registered at Police Station Sanchore, District Jalore qua the petitioner Smt.Panchu
(4 of 4)
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[CRLMP-4621/2019]
Devi and the impugned FIR No.238/2020 lodged at Police Station Dechu, District Jodhpur qua the petitioner Smt.Champa Devi and all proceedings undertaken pursuant thereto are hereby quashed and set aside.
Stay applications and all pending applications if any stand dismissed.
A copy of this order be placed in both the files.
(KULDEEP MATHUR),J
258-TarunGoyal/-
1 issue framed by the court
Whether each petition is Qable to be allowed with a direction for quashment of the complained orders and the impugned FIRs. And the proceedings which have wrongly been undertaken all after.
Colour shows how this judgement treated each authority
Ashok Kumar Jain Vs. State of RajasthanReferred¶26
2019(2) CJ(Cri) Raj. 803
Bano Vs. State of RajasthanReferred¶26
2019(2) CrLR (Raj.) 997
Prathvi Singh Vs. State of RajasthanReferred¶26
S.B.Cr.Misc. Petition No.661/2016
Smt.Kamla Vs. State of RajasthanReferred¶26
S.B.Cr. Misc. Petition No.1164/2016
Panchu Devi W/o Jodha Ram Meghwal
Champa Devi W/o Joga Ram
State Of Rajasthan
Dinesh Kumar S/o Shri Laxman Ram
Mangi Lal S/o Sh. Kalu Ram
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
