IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-3742 of 2009 (O&M) Date of decision: 21st April, 2009 Gurdev Singh and others … Petitioners Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.S. Dhaliwal, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 87 dated 25.05.2008 registered at Police Station Kot Ise Khan, District Moga under Sections 171F, 419, 420, 465, 468, 120-B IPC and Section 17, 18 of Representation of People Act, 1950. The FIR has been annexed as Annexure P-1. A perusal of the same reveals that a complaint was received through post by Senior Superintendent of Police for registration of the case against petitioners. It was stated therein that petitioners were having their permanent residence at village Chur Chak Khurd in district Moga and their names are listed in voter list at Sr.No. 919 to 937. At the same time, their names are also found in the electoral rolls belonging to Assembly Constituency Zira at Sr. No. 619 to 646 and their names are also in the electoral rolls pertaining to same Assembly Constituency at Sr. No.615 to 636 at block Kot Ise Khan. Criminal Misc. No. M-3742 of 2009 (O&M) Thus, petitioners are enrolled as voters at three places. This FIR was registered on 24th May, 2008. Mr. Mehardeep Singh, Assistant Advocate General Punjab, on instructions from Ajmer Singh HC, has stated that the present FIR is still under investigation. Counsel for the petitioners has submitted that as per the Representation of People Act, rule 13(1) and 26, a Voter for getting himself enrolled has to fill the form. In the form, he has to give details of his previous residence. Once details of previous residence are given, the voter’s registration in the previous electoral roll automatically stands deleted. Counsel for the petitioners has submitted that in case of a transfer of residence, in the form filled, if previous residence and particulars of registration of vote at the place of previous residence are not disclosed, the same is punishable under Section 31 of the Representation of People Act, 1950. Counsel has further submitted that it is a matter of fact and can be proved, in case evidence is gathered, that, no such form was filled by the petitioners. Therefore, in case of revision of electoral rolls, if names of the petitioners suffer at three places, they cannot be held responsible and held liable for any offence. Counsel for the petitioners has further stated that ingredients of the offence under Section 171F IPC are not attracted. Furthermore, it has been submitted that no offence under Section 419, 420, 465, 468, 120-B IPC is made out. Counsel has further submitted that for prosecution of offence under Section 31 of the Representation of People Act, 1950 and Section 171-F IPC, complaint is to be filed by Election Commission and police has got no jurisdiction to take cognizance. Counsel for the State has submitted that investigation is in progress. Submissions made by the counsel for the petitioners shall be 2 Criminal Misc. No. M-3742 of 2009 (O&M) taken into consideration by the Investigating Officer before he arrives at any conclusion. Accordingly, Investigating Officer is directed to complete his investigation within one month from today taking into consideration all the submissions made by counsel for the petitioners. Needless to say, in case any of the contentions advanced by counsel for the petitioners is to be repelled, a due note will be given in the report to be prepared by the Investigating Officer. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE April 21, 2009 rps 3