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2021 Supreme(Raj) 101

MAHENDAR KUMAR GOYAL
Ramlal Gochar S/o Bhanwar Lal Gochar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sudarshan Kumar Laddha.
For the Respondents: Mr. F.R. Meena, Mr. Amit Jindal, Mr. Dharmendra Dhakar, Ms. Vandana Sharma.

ORDER :

1. This criminal miscellaneous petition under Section 482 of Cr.P.C. has been filed for quashing the FIR No. 31/2020 dated 21.02.2020 lodged at Police Station Kaprain, District Bundi for the offences under Sections 420, 467 and 468 of IPC.

2. Learned counsel for the petitioner submitted that the only allegation in the FIR is of furnishing false information in the nomination paper submitted by him with the Returning Officer for contesting election for the post of Sarpanch, Grampanchayat-Roteda. Relying on the judgments of this Court in cases of Balbir Singh versus State of Rajasthan reported in 2016 (4) Cr. L.R. (Raj.) 1824, Nijnam Meena vs. State of Rajasthan, SB Criminal Miscellaneous Petition No. 3376/2017 decided on 27.10.2017, learned counsel submitted that since the submission of false information with the Returning Officer, i.e. a public servant, is specifically covered under Section 177 IPC for which prosecution can be launched by the concerned public servant only in terms of Section 195(1)(a) IPC and hence, no FIR is maintainable.

3. Per contra, opposing the prayer, learned Public Prosecutor assisted by learned counsel for the complainant submitted that in the FIR itse

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