Criminal Misc. No. M-23191 of 2004 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-23191 of 2004
Date of Decision: 5.2.2009
Mohinder Singh and Others
...Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Sarabjit Singh, Advocate
for the petitioners.
Mr. Mehardeep Singh, Assistant Advocate
General, Punjab, for the State.
Kanwaljit Singh Ahluwalia, J. (Oral)
Petitioners have preferred the instant petition under Section
482 Cr.P.C. seeking quashing of FIR No. 27 dated 27.3.2004 registered
at Police Station Bholath, District Kapurthala, under Sections 420 & 120-
B IPC.
Counsel for the petitioners contends that allegation in the FIR
is that the petitioners have committed fraud by enrolling minors as voters
in the Electoral Rolls of village Awan Bhike Shah, Tehsil Bholath,
District Kapurthala.
Registration of minor as electoral for purpose of casting a vote
in itself may not constitute offence under Section 420 IPC. It is a moot
point whether offence will fall under the Representation of the People
Criminal Misc. No. M-23191 of 2004 2
Act, 1951 or Section 171D IPC impersonation at elections. Furthermore,
it is also a matter of evidence whether petitioner was accessory in
enrolling minor as voters.
Mr. Mehardeep Singh, learned Assistant Advocate General,
Punjab, on instructions from Angrej Singh, Head Constable, has stated
that the investigation has been concluded and report under Section 173
Cr.P.C. is ready but the same has not been presented as presentation of
report under Section 173 Cr.P.C. was stayed by this Court.
The present petition is disposed off with the direction that the
concerned Court, after hearing the arguments, shall determine as to
what offence is made out in the present case. Petitioner will be at liberty
to assail the order of the Court concerned.
A prayer of the petitioner that no offence under Section 420
IPC is made out, is not accepted, it is for trial Court to determine.
With the observations made above, the present petition is
disposed off.
(Kanwaljit Singh Ahluwalia)
Judge
February 5, 2009
“DK”