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2017 Supreme(Raj) 762

PUSHPENDRA SINGH BHATI
Ramdhan Meena S/o Shri Kajodmal Meena – Appellant
Versus
State of Rajasthan through PP Rajasthan High Court – Respondent


Advocates Appeared:
For the Petitioner:Mr. Umesh Kumar Sharma, Advocate.
For the Respondent: Ms. Sonia Sandilya, PP.
For the Complainant :Mr. D.S. Bagadia, Advocate

ORDER :

Pushpendra Singh Bhati, J.

1. The petitioner has preferred this Petition for quashing FIR No. 13/2015 Registered at Police Station Nangal Rajawatan District-Dausa for offences under Section 420, 467, 468, 471 and 120-B IPC.

2. The allegation levelled in the FIR was that nomination form to contest the election for the post of Sarpanch in Gram Panchayat Hapawas for the Panchayat Election 2015 was filled by petitioner on 19.01.2015, whereby the fact of three children was concealed amounting to furnishing of false declaration and thereby contesting election even when the petitioner was not qualified to do so.

3. Learned counsel for the petitioner has relied upon the judgment of Amita Trivedi & Anr. v. State of Rajasthan & Anr. passed in the S.B. Criminal Miscellaneous Petition No. 2763/2011, decided on 30.07.2012, reported in 2013(2) RLW 1252 (Raj.) the relevant portion as per the counsel for the petitioner is as follows:-

"Upon a consideration of the arguments advanced at the bar and after going through the F.I.R. impugned and the case diary, it is apparent that the highest allegation of the complainant in this case is that the petitioner No.1 whilst filling up the nomination form












































































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