Crl. Misc. No.

M-39776 of 2012 (O&M) [ 1 ]

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Crl. Misc. No. M-39776 of 2012 (O&M)

Date of Decision: Nov. 19,2013

Virender Kumar .................................. Petitioner

Versus

State of Haryana and another ................ Respondents

Coram: Hon'ble Ms. Justice Ritu Bahri

1.To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest?

Present: Mr. Christopher D'souza, Advocate for

Mr. Gaurav Singh Hooda, Advocate
for the petitioner.

Mr. Deepak Mishra, DAG, Haryana.

Ms. Ramandeep Kaur, Advocate

for respondent No.2.

...

RITU BAHRI, J. (Oral)

This petition under Section 482 Cr.P.C. is for

quashing of FIR No. 332 dated 25.9.2012 under Section 31 of

Representation of People Act, 1950 registered at Police

Station Kharkhoda, District Sonepat.

Petitioner's son was married to respondent No.2

on 24.11.2005. Petitioner along with his son and other family

members are facing trial in FIR No. 131 dated 16.8.2010

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under Sections 498-A/406/34 IPC registered at Police Station

Crime (Women) Cell, Uttam Nagar, New Delhi.

The present FIR has been registered with the

allegations that the petitioner and his son Sanjeev Dahiya

are holding dual voter identity cards. The names of both of

them are entered in the voters list for the year 2011 at Sr.

Nos. 504 and 505 of voter list register No.82 pertaining to

30-Janakpuri Vidhan Sabha electoral area, Delhi and are also

entered at Sr. Nos. 184 and 187 of voters list register No.

115 pertaining to 30-Kharkhoda (A.J.) Vidhan Sabha electoral

area, Sonepat.

On notice, reply has been filed by the Deputy

Superintendent of Police, City, Sonepat on behalf of

respondent No.1 stating that after registration of the FIR, the

investigation is going on and getting dual voting rights is an

offence as per Representation of People Act, 1950. The

petitioner is serving in the Delhi Police and has intentionally

and deliberately enroll himself on two voting constituencies

which amounts to abuse of process of law.

In the reply of respondent No.2 it is stated that she

was being harassed by her husband and in-laws after her

marriage and the husband and petitioner are facing trial in

FIR No. FIR No. 131 dated 16.8.2010 under Sections 498-

A/406/34 IPC registered at Police Station Crime (Women)

Cell, Uttam Nagar, New Delhi. The petitioner by misusing his

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official position has got himself enrolled in two places and is

influencing the investigation as challan has not been filed till

date.

The Supreme Court in the case of Keshav Lal

Thakur v. State of Bihar (1996) 11 Supreme Court Cases

557 had an occasion to consider the registration of FIR

under Section 31 of the Representation of People Act, 1950

and on completion of the investigation an application for

discharge was made on the ground that the offence was

non-cognizable. While quashing the proceedings, the

Supreme Court held that under Section 155(2) Cr.P.C. the

offence under Section 31 of the Representation of the People

Act was a non-cognizable offence. The Magistrate under

Section 155(2) Cr. P.C. can pass an order directing the police

to investigate the case. The police without an order passed

by the Magistrate could not investigate into an offence and

thereafter submit its report. The Magistrate in that situation

could not took cognizance of that report and proceed with

the case. In a complaint under Section 31 of the

Representation of People Act the police is entitled to submit

after investigation a report and that report is to be treated

as a complaint of the police officer concerned. In the facts of

the present case, the FIR has been straightway registered

under Section 31 of the Representation of People Act and

thereafter the investigation is in progress.

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The above stated judgment of the Supreme Court

has not been disputed by the counsel appearing for the

respondents.

Keeping in view the law laid down by the Supreme

Court in State of Haryana and others v. Ch. Bhajan Lal &

Others AIR 1992 SC 604, FIR No. 332 dated 25.9.2012 under

Section 31 of Representation of People Act, 1950 registered

at Police Station Kharkhoda, District Sonepat is quashed with

all consequential proceedings arising therefrom qua

petitioner.

19.11.2013 ( RITU BAHRI )

Rupi JUDGE

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