1. - This criminal misc. petition has been filed under Section 482 Cr.P.C. for quashing F.I.R. No. 259/2010 pending in the Police Station, Rohat District Pali for the offences under Sections 419, 420 and 120-B I.P.C. and Sections 18, 31 and Section 125-A of the Representation of Peoples Act, 1950.

2. Short facts of the case are that a complaint has been filed before the learned Addl. Chief Judicial Magistrate stating therein that petitioner No. 1 is entered as Bheema Ram in the Municipal Board, Pali but he has contested the election for the post of Member of the Panchayat Samiti, Rohat in the name of Munna Lal but his name is entered in the voter-list of Municipal Board, Pali as Bheema Ram. He has illegally entered his name as Munna Lal in the voter-list of Gram Panchayat, Dhabar. As such he has cheated by personation and also committed the offence under the Representation of Peoples Act. The complaint has been sent to the Police Station for investigation under Section 156 (3), Cr.P.C.

3. The contention of the present petitioner No. 1 is that the present petitioner is resident of village Dhabar Kala Tehsil Rohtak District Pali. He is running a hardware shop in Pali and as such, he is residing at village Dhabar Kal as well as at Pali. Petitioner No. 1 has also submitted that he is known as Munna Lal in Village Dhabar Kala but in the school, his name has been entered as Bheema Ram and now present petitioner No. 1 is known by both names, Munna Lal and Bheema Ram, hence he has committed no offence. It has further been stated that if name of a person is entered twice or more in the electoral roll of the constituency, that will not constitute any offence and no offences under the Representation of People Act are made out against the present petitioner and hence the F.I.R. should be quashed.

4. The learned counsel for the respondent has submitted that the present petitioner No. 1 has misrepresented himself as Munna Lal and by this misrepresentation he has contested the election for the post of Member, Panchayat Samity at Rohat.

5. The first contention of the present petitioner is that if name of a person is entered twice or more in the electoral roll of the constituency that will not constitute any offence and he has referred Section 18 of the Representation of Peoples Act, which reads as under :

"Section 18: No person to be registered more than once in any constituency.- No person shall be entitled to be registered in the electoral roll for any constituency more than once."

6. The above provision goes to show that if a person has been registered more than once in a constituency, then it is not an offence. Hence Section 18 does not provide for any penalty for offence.

7. The order contention of the respondent is that the present petitioner has made false declaration regarding his name and paternity but nothing has been alleged in the F.I.R. At the same time, the present petitioner has specifically alleged that he is known by both of his names, Munna Lal and Bheema Ram. It has also been stated that his name is entered in the voter list of Gram Panchayat, Dhabar Kala since 1990 and he has contested the elections for the post of Ward Panch of Gram Panchayat, Dhabar in the year 2000 and remained as Ward Panch of Gram Panchayat, Dhabar till 2005. The learned counsel for petitioner has also referred to Section 31 of the Representation of Peoples Act reads as under :

"Section 31. Making false declaration.-If any person makes in connection with

(a) - the preparation, revision or correction of an electoral roll, or

(b) - the inclusion or exclusion of any entry in or from an electoral roll.

a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both."

8. Above provision goes to show that when a person makes any statement or declaration which is false, then he shall