Rajiv Roy, J. – Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for quashing of the order of cognizance dated 13.03.2015 in connection with Kalyanpur P.S. Case No. 141 of 2014 passed by the learned Chief Judicial Magistrate, Samastipur by which he passed over for issuance of summons against the petitioner after taking cognizance under Section 171(G), 191 and 468 of the Indian Penal Code.

2. The prosecution case, in brief, is that:

(i) the informant Shyam Sunder Bhagat being a social worker had earlier filed complaint case no. 1064 of 2014 in the Court of learned Chief Judicial Magistrate, Samastipur. He had alleged inter alia that he is a voter of his Panchayat and during 2011 election of Mukhiya, the accused-petitioner was candidate;

(ii) the petitioner furnished information required in form prescribed in Schedule-IV (ka) as per Section 5(1) of the Panchayti Raj Act, 2006. He suppressed information about his personal details and gave false information with his signature and also in affidavit filed there;

(iii) it was alleged that the accused concealed information regarding case pending against him and thereby betrayed the complainant and became ‘Mukhiya’ by doing cheating the electorate;

(iv) it was further alleged that the accused was having two wives as recorded in Form (gha) of General Election Rules, 2011 (Bihar), in which at Sl. Nos. 123 and 127 name of first wife Rita Devi aged 32 years and second wife Gauri Devi aged 29 years are recorded and at place, the name of husband is Ravi Shankar Singh;

(v) all these facts were suppressed by the accused by which the complainant felt aggrieved and cheated. It was mentioned that the petitioner was also an accused in Hayaghat. P.S. Case, for which the evidence would be given later. After getting information under the Right of Information Act, 2005, he came to know about above facts and became surprised. Accordingly, giving wrong information and false affidavit in the election of ‘Mukhiya’ was alleged by the complainant in his said complaint petition.

3. Learned counsel for the petitioner submits that after he was elected as ‘Mukhiya’ of the said Panchayat, for oblique reason, the complainant as also some other persons with ulterior motive started harassing him. Further, the police conducted the investigation in a very routine manner and submitted charge sheet under Section 171(G), 141 and 468 of the Indian Penal Code vide Charge Sheet no. 03 of 2015 dated 11.01.2015.

4. Again, the Court of learned Chief Judicial Magistrate, Samastipur passed an order in a mechanical manner on 13.03.2001 by which cognizance was taken under Sections 171(G), 141 and 468 of the Indian Penal Code.

5. At this stage, learned counsel for the petitioner took this Court to Section 171(G) of the Indian Penal Code which read as follows: –

Chapter IXA

Of Offences Relating to Elections

171(G) False Statement in connection with an election. – Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.”

6. Learned counsel for the petitioner submits that the sum and substance of Section 171(G) of the Indian Penal code is very clear. For any false statement so made to affect the election, the aforesaid section will be available.

7. It is his further submission that so far as the other sections under which the cognizance has been taken is not applicable in the present case. It is not the case of the petitioner that he was a voter of the said constituency and had taken part in the voting and due to non-disclosure of the facts, he felt cheated.

8. Learned counsel submits that a bare perusal of his address would show that he is a resident of village Maksudpur under Warisnagar Police Station in the district of Samastipur w