1. Heard learned counsel for the petitioner.

2. Petitioner seeks quashing of the F.I.R. giving rise to Tarapur P.S. Case no. 30 of 2009, instituted under Section 134 of the Representation of People Act, 1951 (herein after referred to as "the Act"), and Under Section 32 of the Representation of the People Act, 1950 (hereinafter referred to as "the Act"). Section 134 of the Representation of the People Act, 1951 reads as under:

"134. Breaches of official duty in connection with elections. (1) if any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

[(1-A) An offence punishable under sub-section (1) shall be cognizable.]

(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are the [district election officers, returning officers], assistant returning officers, presiding officers, polling officers, and any other person appointed to perform any duty in connection with the receipt of nominations or withdr