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PUSHPENDRA SINGH BHATI
Pappu Begum @ Pappu Kanwar W/o Sh. Ikramuddin – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER :
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred against the order of framing of charge under Sections 420, 467, 468, 471, 141(G) & 181 IPC and Section 125-A of the Representation of People Act, 1951.
2. Counsel for the petitioner states that the present case is squarely covered by the decision rendered by a coordinate Bench of this Court in S.B. Criminal Misc. Petition No.661/2016; Prithvi Singh Vs. State of Rajasthan & Anr. decided on 31.05.2016.
3. The coordinate Bench of this Court on 31.05.2016 has passed the following order in Prithvi Singh (supra):-
The impugned FIR has been lodged on the basis of a complaint filed by the complainant mainly with the allegation that the petitioner while contesting election for the post of Sarpanch of Gram Panchayat, Dharvi Kalla in the General Election, 2015, submitted false declaration regarding his children in the nomination form. It is also contended that as per the provisi
The main legal point established in the judgment is that if the allegations in the FIR do not constitute a cognizable offence, the FIR can be quashed.
The central legal point established in the judgment is the court's power to quash FIRs under Section 482 of Cr.P.C. and the categories of cases where this power could be exercised.
The main legal point established in the judgment is the exercise of power under Section 482 of the Code of Criminal Procedure to prevent abuse of the process of any Court or to secure the ends of jus....
The main legal point established in the judgment is that if the allegations in the FIR do not constitute a cognizable offence and only constitute non-cognizable offences, the FIR can be quashed.
The main legal point established in the judgment is that the allegations in an FIR must disclose a cognizable offence, and the appropriate remedies should be pursued for challenging elections, with l....
A compromise does not permit quashing of FIRs for non-compoundable offences under IPC.
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