ORDER :

1. Heard Mr. N.D. Nanavati, learned Senior advocate assisted by Mr. B.N. Limachia, learned advocate for the applicant, Mr. Mitesh Amin, learned Public Prosecutor assisted by Ms. Krina Calla, learned APP for respondent No. 1 State and Mr. Sahil M. Shah, learned advocate for respondent No. 2- original complainant.

2. By way of present application preferred under Section 482 of the Code of Criminal Procedure (for short ''Cr.P.C''), the applicant seeks to quash the Criminal Complaint as well as summoning order dated 21.12.2019, passed by the learned Additional Chief Metropolitan Magistrate, Court No.3, Ahmedabad in Criminal Complaint No. 114499 of 2019, whereby and whereunder, in exercise of powers conferred under Section 204 of the Cr.P.C., he has summoned the applicant for facing the trial under Section 127A(1), 127A(2)(a) punishable under Section 127A(4) of Representation of People Act , 1951 (for the brevity 'the Act').

3. The facts leading to filing the present case are summarized as under:

3.1 The complainant - respondent no. 2 was Returning Officer of 72 - Asarva Constituent Assembly. The Election for the State Assembly for the year 2007 was declared and notified on 10.10.20