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2013 Supreme(Raj) 1565

KANWALJIT SINGH AHLUWALIA
Om Prakash Saini – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. M.K. Kaushik, Advocate.
For the State: Mr. Amit Punia, PP.
For the Complainant:Mr. Rajesh Kale, Advocate.

JUDGMENT

1. - The petitioner had contested the election of office of Chairman. Municipal Corporation, Chirawa. At the time of filing of nomination papers the petitioner had submitted affidavit, declaration recording his assets and liabilities. A grievance was made by respondent No. 2 that the affidavit accompanied by declaration and undertaking as per Section 12-K Rajasthan Municipal Act, 1959 read with Article 243-T of Constitution of India were false.

2. Respondent No. 2 filed a criminal complaint for prosecution of the petitioner for the offences under Sections 193 and 200 IPC.

3. The Court of the Magistrate took cognizance of the offences under Sections 199 and 200 IPC and summoned the petitioner to stand trial.

4. Aggrieved against the same, the petitioner filed a revision petition. The Revisional Court below upheld the order of cognizance and had dismissed the same.

5. Hence, the present petition has been filed under Section 482 Cr.P.C.

6. During the course of the arguments, it is not denied that for prosecution of offence under Sections 193 and 200 IPC there is a specific bar under Section 195 of the Code of Criminal Procedure. As per Section 195 of the Code of Criminal Procedure







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