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PUSHPENDRA SINGH BHATI
Nirmala – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred with the following prayer:-
"It is, therefore, most humbly and respectfully prayed that this Criminal Misc. Petition may kindly be allowed and the F.I.R. No. 355/2017 registered at Police Station Pilibanga, Pilibanga, Hanumangarh and further proceedings pursuant thereof, may kindly be quashed and set-aside.
Any other appropriate relief, which this Hon'ble Court deems just and proper in favour of the petitioner, may kindly be passed."
2. Brief facts of the case as placed before this Court by learned counsel for the petitioners are that on the basis of a complaint made before the learned Judicial Magistrate, Pilibanga by the complainant-respondent no. 2, Rai Singh, an F.I.R. bearing No. 0335/2017 was registered at Police Station, Pilibanga. It was averred therein that on 01.02.2015, an election was conducted for the post of Sarpanch in Gram Panchayat, Pilibanga; for which, candidates were to submit their forms before the election officer, and that as per the law, a person having more than 2 children would ipso facto be disqualified from contesting the said election; for establi
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....
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 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 that if the allegations in the FIR do not constitute a cognizable offence, the FIR can be quashed.
The scope of Section 482 Cr.P.C. is limited, and if the contents of the FIR constitute the commission of a cognizable offence, it cannot be quashed at the very threshold.
The court clarified that allegations of forgery allow for FIR registration without a public servant's complaint, thus enabling investigation.
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