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RAJIV ROY
Ravi Shankar Singh, S/o. Late Chandra Shekhar Singh – Appellant
Versus
State of Bihar – Respondent
ORDER :
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 :
(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
The main legal point established in the judgment is the interpretation and applicability of Section 171(G) of the Indian Penal Code to false statements made during an election.
The main legal point established is the interpretation and application of Section 171(G) of the Indian Penal Code in cases of false statements affecting election results.
The main legal point established in the judgment is that the allegations in an FIR must disclose a cognizable offence, and the appropriate remedies should be pursued for challenging elections, with l....
The main legal point established in the judgment is the exercise of power under Section 482 of the Code of Criminal Procedure to prevent abuse of the process of any Court or to secure the ends of jus....
The central legal point established in the judgment is the court's power to quash FIRs under Section 482 of Cr.P.C. and the categories of cases where this power could be exercised.
The investigation of a non-cognizable offence without the order of a Magistrate is illegal, and politically motivated prosecutions should be quashed.
The main legal point established in the judgment is that if the allegations in the FIR do not constitute a cognizable offence, the FIR can be quashed.
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