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DINESH MEHTA
Raju Banjara – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. The present petition under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been preferred assailing the FIR No.45/2020 dated 28.05.2020 which has been registered against the petitioner for the offences punishable under section 467, 468, 471 and 420 of the I.P.C.
2. Briefly narrated facts are that the complainant - respondent No.2 Jeevan Lal Sharma lodged the above referred FIR against the petitioner (who has contested election of Sarpanch against him and succeeded) and alleged that despite having three children, the petitioner had filed the nomination paper, with a false declaration that he had only two children on the date of submitting nomination form.
3. While disputing the fact that the petitioner has more than two children on the date of submitting nomination, as he has given up one child in adoption, learned counsel for the petitioner argued that even if the best case of the complainant is accepted that the petitioner indeed was having more than two children as on the date of submitting nomination form, the proceedings cannot be initiated/continued against the petitioner at the instance of the complainant, who is not a pu
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.
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 the allegations in an FIR must disclose a cognizable offence, and the appropriate remedies should be pursued for challenging elections, with l....
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 and only constitute non-cognizable offences, the FIR can be quashed.
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