JUDGMENT :

S.S. Shinde, J.

Rule. Rule made returnable and heard with the consent of learned counsel appearing for the parties.

2. This writ petition is filed with the following substantive prayers:-

(A) That this Honourable Court be pleased issue writ of certiorari or writ in the nature of certiorari or any other writ, order or direction to quash and set aside the orders passed in Criminal Entry No. 3795 of 2018 dated 31st July 2018 passed by the Addl. Sessions Judge, Pune, and consequently also be pleased to quash and set aside the order passed by Judicial Magistrate, First Class on 14th December, 2017 passed in Miscellaneous Application No. 5276 of 2017.

(B) That this Honourable Court be pleased to issue writ of certiorari or writ in the nature of certiorari or any other writ, order or direction to quash and set aside the Judgment and order passed by Judicial Magistrate, First Class in Miscellaneous Criminal Petition No. 5276 of 2017 dated 14th December 2017.

3. Brief facts leading to filing the present petition are as follows:-

It is the case of the Petitioner that, elections for the Gram Panchayat of Shelgaon, Taluka Khed, District Pune were conducted between 22nd September 2017 and 17th October 2017. The said elections were held to elect representatives of the Gram Panchayat for a period from 2017-2022. In the said election Petitioner and Respondent No. 1 herein were contesting for the post of Sarpanch. The election was held on 16th October 2017 and the counting of votes took place on 17th October 2017. Respondent No. 1 secured 341 votes, while the Petitioner secured 339 votes and the Petitioner lost the election with a small margin of 2 votes. Respondent No. 1 at the time of filing the nomination form had mentioned in the said nomination form that, he was 21 years of age which is a requirement as per the provisions of the Maharashtra Village Panchayat Act, 1958 as well as the various rules which are framed by the Election Commission of India. It is further the case of the Petitioner that, Respondent No. 1 had not completed the age of 21 years at the time of contesting the said election, and therefore, he could not have contested the election for the said post at all. It is alleged that, the documents which were given in support of the nomination form were all bogus documents. Thereafter, Petitioner tried to find out the real age of the Petitioner herein. In his enquiry he found various documents. After enquiry, the Petitioner challenged the election of Respondent No. 1 under the provisions of Section 14 of Maharashtra Village Panchayat Act, before the Collector, by Application No. 186 of 2017. During the pendency of the said application, when Respondent No. 1 filed his say/written argument, at that time it was disclosed that, he had filed an application before the Judicial Magistrate First Class, being Criminal Miscellaneous Application No. 5276 of 2017 under the provisions of Section 13 (3) of the Registration of Births and Deaths Act, 1969 (for short "said Act"). Said application was filed on 2nd December 2017 and without verifying the documents produced on record an order came to be passed by the learned Magistrate on 14th December 2017 thereby directing to issue a birth certificate, showing the date of Respondent No.1 as 8th August 1996. It is alleged that Respondent No.1 obtained the said order by forging the documents and misleading the JMFC. According to the Petitioner the said date 08/08/1996 is incorrect. It is averred that the Petitioner was not aware of the said order dated 14th December 2017. It was only when on 23rd March 2018, when Respondent No. 1 filed his written submissions before the Collector, that the Petitioner came to know about passing of the said order by Judicial Magistrate First Class. Thereafter the Petitioner made enquiry and came to know that Respondent No.1 obtained the order by misleading the learned Magistrate. Thereafter, the Petitioner preferred a revision, under the provisions of Section 397