Amita Trivedi & Anr vs State & Anr on 30 July, 2012
"Thus, simultaneous investigation/prosecution of the
petitioner in two separate F.I.Rs. for the very same
allegation is not permissible. The other part of the
impugned F.I.R. relates to the allegation that the
petitioner gave a wrong declaration regarding the
number of her children while filling the nomination
papers. Obviously, the said act would constitute an
offence of furnishing false information to a public
servant. These allegations even if accepted, would be
covered by the offences punishable under Sections
171(g) and 177 I.P.C. or possibly for the offences
under Sections 181, 193, 199 and 200 I.P.C. All
these offences are either non-cognizable or are of
such nature that either no prosecution can be
launched in relation thereto without there being a
complaint of the public servant concerned. Hence, no
F.I.R. can be registered for these allegations at the
instance of a private individual. The factual scenario
of the case at hand is squarely covered by the ratio
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(4 of 4) [CRLMP-6522/2021]
of this Court's judgments in the cases of Amita
Trivedi & Anr. Vs. State of Rajasthan & Anr.