Document Fragment View
Fragment Information
Showing contexts for: false declaration in Sura Ram vs State Of Rajasthan-State on 3 August, 2022Matching Fragments
(2 of 13) [CRLMA-233/2022] "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.
9. From bare reading of the impugned FIR, it is clear that there is no averment to the effect that the accused by using fraudulent means induces the complainant or any person so cheated to deliver some valuable security etc. Hence, the offence punishable under section 420 IPC cannot be said to be made out from allegations contained in the impugned FIR.
10. It is noticed that in the impugned FIR, there is no allegation to the effect that the petitioner has prepared a false document and used it as a genuine one. The main allegation in the impugned FIR against the accused is to the effect that he has furnished false declaration regarding his children and on the basis of which, he has contested the election though he was not qualified to do so. Furnishing false information before a public servant cannot be equated with the execution of a false document. If what is executed is not a false document, there is no forgery and if there is no forgery, then no offence under the provisions of sections 420, 467, 468, 470, 471 IPC is made out.