KAPIL DABAR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-8-37
HIGH COURT OF UTTARAKHAND
Decided on August 22,2013

Kapil Dabar Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) FOR the reasons stated in the application, I.A. No. 3256 of 2013 is allowed. Supplementary affidavit is taken on record.
(2.) PETITIONER has invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. assailing the F.I.R. Case Crime No. 128 of 2012, under Sections 171 -B and 420 I.P.C., Police Station Kotwali Nagar Haridwar, District Haridwar. An F.I.R. was got registered by Shri Madan Pal Singh Tomar, Sector Magistrate 03 Haridwar on 19.01.2012 with Police Station Kotwali Nagar Haridwar, District Haridwar, inter alia, stating therein that on 29.01.2012, he alongwith S.I. Santosh Kunwar and police force was busy in inspecting the election booth in Brahmpuri area of Haridwar; police informant passed on secret information to the effect that one person was distributing voter cards and money in Brahmpuri area; having believed the secret information, Sector Magistrate alongwith police force reached near Brahmpuri primary school and noticed that petitioner was distributing currency notes to different persons; Sector Magistrate and police force immediately de -boarded the government vehicle and rushed towards the petitioner however, having seen the Sector Magistrate and police force, petitioner started running; on being chased, the petitioner was apprehended at about 8:30 p.m.; on being asked, petitioner disclosed his identity; on the personal search of the petitioner, Rs. 2,23,365/ -, 31 voter I.D. cards, 31 voter slips, one visiting card, one P.N.B. A.T.M. Card, one reliance card, one small pocket diary, one paper containing the names and phone numbers and one purse were recovered from the possession of the petitioner; petitioner could not furnish satisfactory explanation about the money and items recovered from him; therefore, money recovered, voter I.D. cards and voter slips were seized by the police party.
(3.) SECTOR Magistrate formed his opinion that petitioner was intending to influence the election to be held on 30th May, 2012 and voter cards so recovered from his possession were fictitious and prepared by the petitioner; petitioner was distributing money (bribe) to influence the voters, therefore, F.I.R. was got registered under Section 171 -B and 420 I.P.C. by the Sector Magistrate.;


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