Shri Kant Tripathi, J. - (1.) HEARD the learned counsel for the applicants and the learned counsel for the respondent No. 2 and the learned A.G.A. for the respondent No. 1 and perused the record. This is an application under Section , Cr.P.C. for quashing the proceeding of criminal case No. 7361 of 2007, State v. Gulam Hussain, arising out of case crime No. 588 of 2006, under Sections , , and , I.P.C., P.S. Tanda, District Rampur.
(2.) IT is alleged against the applicant that his real name is Hazi Gulam Hussain son of Shahabuddin and was Pradhan of the Gram Sabha from 1988 to 2000. During that period certain financial embezzlements were allegedly committed by the applicant. Consequently, the case crime Nos. 270 and 287, under Section was registered against him. In that case, the applicant was sent in jail. It is also alleged that when the applicant became an accused in the aforesaid criminal case and due to that found it difficult to contest the election of Pradhan, he, in order to become eligible for the post of Pradhan, managed a change of his name from Hazi Gulam Hussain to Nanhey in the electoral roll. He further got the name of his father also changed from Shahabuddin to Lalla. In this way the applicant is alleged to have impersonated himself as Nanhey for securing various gains as specified in the F.I.R.
(3.) THE learned counsel for the applicant submitted that the applicant's name was changed by a competent authority on his application, therefore, the electoral roll after that change cannot be questioned in a criminal proceeding. It was next submitted that an election dispute has been brought within the purview of a criminal court by making false allegations in the F.I.R. The learned counsel further submitted that the applicant's name has also been corrected as Nanhey son of Lalla in the revenue record.;