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2013 DIGILAW 1327 (RAJ)

Om Prakash Saini v. State of Rajasthan

2013-07-22

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - The petitioner had contested the election of office of Chairman. Municipal Corporation, Chirawa. At the time of filing of nomination papers the petitioner had submitted affidavit, declaration recording his assets and liabilities. A grievance was made by respondent No. 2 that the affidavit accompanied by declaration and undertaking as per Section 12-K Rajasthan Municipal Act, 1959 read with Article 243-T of Constitution of India were false. 2. Respondent No. 2 filed a criminal complaint for prosecution of the petitioner for the offences under Sections 193 and 200 IPC. 3. The Court of the Magistrate took cognizance of the offences under Sections 199 and 200 IPC and summoned the petitioner to stand trial. 4. Aggrieved against the same, the petitioner filed a revision petition. The Revisional Court below upheld the order of cognizance and had dismissed the same. 5. Hence, the present petition has been filed under Section 482 Cr.P.C. 6. During the course of the arguments, it is not denied that for prosecution of offence under Sections 193 and 200 IPC there is a specific bar under Section 195 of the Code of Criminal Procedure. As per Section 195 of the Code of Criminal Procedure for prosecution of the petitioner for offences under Sections 199 and 200 IPC complaint in writing is to be filed by the public servant or the Court quo whom offence has been committed. 7. Admittedly in the present case, no complaint has been filed by the Returning Officer. In view of the bar under Section 195 Cr.P.C., the petitioner could not be prosecuted by the respondent. The lawful remedy for the respondent was to approach Returning Officer and make a prayer that complaint be filed to prosecute the petitioner. It is stated that such a prayer, was made to the Returning Officer and Returning Officer had not accepted the prayer. 8. It is the prerogative of the Returning Officer to launch prosecution for the offences under Sections 199 and 200 IPC when he come to the conclusion that such prosecution is necessary and in his opinion it is expedient in the interest of justice. 9. The platform of the Court cannot be used to settle personal score or to take revenge. In view of the specific bar under Section 195 Cr.P.C. which is attracted in the facts of this case, the Court below could not entertain the complaint and act thereupon. 9. The platform of the Court cannot be used to settle personal score or to take revenge. In view of the specific bar under Section 195 Cr.P.C. which is attracted in the facts of this case, the Court below could not entertain the complaint and act thereupon. Consequently, the present petition is accepted. The impugned complaint along with all subsequent proceedings is quashed. *******