J.J. Munir, J. - (1.) Heard Sri Abrar Ahmad, learned counsel for the applicant and the learned A.G.A. appearing for the State.
(2.) This application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 09.03.2018 giving rise to Sessions Trial no.154 of 2018, State vs. Lekhpal Om Prakash (arising out of Case Crime no.154 of 2017), under Sections 420, 467, 468, 471 IPC, Police Station Kotwali Dehat, District Bijnor, pending before the court of Additional Sessions Judge, Court no.2, Bijnor.
(3.) The allegations in the FIR are to the effect that one Smt. Shivali Mandal wife of Ashok Kumar Chauhan, a native of a certain place Manik Chak, District Malda, West Bengal contested the elections to the post of Pradhan, Gram Panchayat Asalampur Bhullan, Block Kotwali Dehat, District Bijnor on a seat reserved for the Scheduled Caste (Woman). She relied upon fake and forged documents for the purpose and succeeded to get elected to the post in connivance with others. It is also the prosecution case that the candidate polling the highest but one number of votes, Laxmi Devi wife of Rohtas, got a First Information Report lodged giving rise to Case Crime no.10 of 2016, under Sections 420, 467, 468, 471, 120B IPC at Police Station Kotwali, District Bijnor, but in connivance with the elected Pradhan, the police submitted a bogus final report and sent the informant to jail. It is alleged that in order to bring about the aforesaid support for a bogus Scheduled Caste candidature, services of functionaries from the Tehsil that includes the Lekhpal Om Prakash and the Kanungo Mahendrajeet were drafted. It is pointed out that it is the aforesaid last limb of the allegations that has brought the applicant's name into the whirlpool of criminal proceedings initiated by the second opposite party.;