Back
PUSHPENDRA SINGH BHATI
Sura Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Application no.233/2022 is disposed of as the matter has been finally heard with the consent of parties.
2. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of FIR No.63/2021 registered at Police Station Guda Endla, District Pali lodged for the offence under Sections 420, 467, 468, 471 & 120-B IPC.
3. Counsel for the petitioner states that the present case is squarely covered by decision rendered by a this Court in S.B. Criminal Misc. Petition No.628/2017 Harkeshi Devi Vs. State of Rajasthan & Anr. decided on 22.02.2017, which reads as follows :-
"The petitioner has preferred this Petition for quashing FIR No. 08/2017 Registered at Police Station Rajgarh DistrictAlwar for offence under Section 420, 467, 468, 471 and 120-B IPC.
The allegation levelled in the FIR was that the nomination form to contest the election for the post of Sarpanch in Gram Panchayat Surer, for the Panchayat Election 2015 was filled by petitioner on 23.01.2015, whereby the fact that the petitioner had three children was concealed amounting to furnishing of a false declaration and thereby contesting election even when the petitioner was not qualified to do so.
Learned co
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 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 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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
