RAGHUVEER SINGH RAWAT Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Raghuveer Singh Rawat
STATE OF UTTARAKHAND
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(1.) NOTICES were sent to respondent nos. 2 to 4 but despite sufficient service none has turned up on their behalf so
this Court has given hearing to learned counsel for the
applicant and Brief Holder for the State.
(2.) BY way of this petition, the challenge is to the charge sheet pertaining to crime no. 53 of 2006 and the order of
cognizance dated 28.11.2007 passed thereupon.
The facts of the case are that First Information Report was lodged by Ashish Panwar, Jitendra Dangwal and
Veer Pal Singh against Raghuveer Singh Rawat, a student
leader; Professor H.P. Bhatt, Director and Professor Surendra
Joshi, Returning Officer of election, for the offence under
Section 420, 120B IPC stating that in the Student Union 's
Election for the year 2006-07 above named persons violated the
Election Code of Conduct. Raghuveer Singh Rawat who was
declared elected in the said election submitted his nomination
form mentioning his date of birth as 26.07.1980 while actually,
the same was 20.06.1978, as explicable in his High School
Certificate issued by Uttar Pradesh Education Board. Had he 2
mentioned the correct date of birth '20.06.1978 ', he would have
been disqualified for contesting the election. The Director of
Campus and the Returning Officer also allowed Raghuveer
Singh Rawat to contest the election with wrong date of birth, as
explained above. This way, allegations were made that he
cheated other candidates, who contested the election as well as
university 's authorities. After investigation, chargesheet was
submitted whereupon learned Magistrate took cognizance and
asked the accused to stand trial for the offence.
(3.) HAVING heard learned counsel for the parties, it transpires that Raghuveer Singh Rawat won the election by
securing 644 votes while informants Ashish Panwar secured 64
votes, Jitendra Dangwal secured 123 votes and Veer Pal Singh
secured 22 votes. When these informants lost the election, they
lodged the impugned First Information Report.;
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