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K. SURENDER
Golkonda Umadevi – Appellant
Versus
State of Telangana – Respondent
ORDER :
Criminal Petition No.6250 of 2019 was filed by the petitioners/A1 & A2, questioning the proceedings in C.C.No.477 of 2019 on the file of Judicial First Class Magistrate, Parkal, Warangal District, which was filed under Section 420, 465, 468, 471 and 120 (B) r/w.34 of the Indian Penal Code. No interim orders were passed by this Court in the said petition. While the said application was pending, the petitioners filed Crl.P.No.6099 of 2021 for the very same relief.
2. Briefly, the case of the prosecution is that the petitioners have colluded and produced false Date of Birth Certificates of their three children only to overcome the restriction imposed under Section 19(3) of the A.P.Panchayat Raj Act, 1994. The said provision disqualifies a person from contesting the elections to Panchayat Raj Bodies, if the third child is after one year of the commencement of the A.P.Panchayat Raj Act, 1994. The said Act came into force from 30.05.1994.
3. According to the prosecution, the first child of the accused was born on 08.11.1995, second child was born on 26.11.1997 and the third child was born on 08.08.1999. However, the date of birth certificates were obtained as 08.01.1992, 13.12.1993,
The prohibition under Section 195 of Cr.P.C. is for the Court taking cognizance of the offences mentioned in the said provision and does not restrict registration of FIR. The proceedings before the E....
The court upheld the disqualification of a Sarpanch candidate for having children after the statutory cut-off date, emphasizing the primacy of official records over private documents in determining e....
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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