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The impugned FIR has been lodged on the basis of a complaint filed by the complainant mainly with the allegation that the petitioner while contesting election for the post of Sarpanch of Gram Panchayat, Dharvi Kalla in the General Election, 2015, submitted false declaration regarding his (3 of 8) children in the nomination form. It is also contended that as per the provisions of Rajasthan Panchayati Raj Act, any person having more than two children after 27.11.1995 is not qualified to contest the election for the post of Member or Chairperson of a Panchayati Raj Institution and the petitioner was having more than two children after 27.11.1995, but with the intention to make him eligible to contest election made false declaration about number of his children and their date of birth, therefore, he has committed the offence of cheating and forgery.

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 in the nomination form 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 under sections 420, 467, 468, 471 IPC is made out.