Alok Kumar Verma DECISION
Alok Kumar Verma, J.
1. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' the Code') to quash the Charge Sheet dated 05.03.2012 in Case Crime No. 12 of 2012 registered with Police Station Gopeshwar, District Chamoli and cognizance order dated 18.09.2014, passed by the learned Chief Judicial Magistrate, Chamoli in Criminal Case No. 699 of 2012, "State vs. Rajendra Singh Bhandari" under Section 125 of the Representation of the People Act, 1951 (hereinafter referred to as ' the Act, 1951') along with entire proceedings, pending in the court of Chief Judicial Magistrate, Chamoli.
2. Facts, to the limited extent necessary, are that election of the Legislative Assembly of Uttarakhand was held in the year, 2012. The present applicant contested the said election from 04 Badrinath Assembly Constituency as candidate of Indian National Congress Party. While contesting the said election, the present applicant had printed a picture (photo) of Lord Badrinath in his hand bills as well as pamphlets. On account of this illegal act on the part of the applicant to influence the voters and used the religious feelings of local people, an FIR was lodged against the applicant on 25.01.2012 under Section 125 of the Act, 1951 and Section 153A of the I.P.C. by the Returning Officer. In the FIR, it is clearly mentioned that due to the act of the applicant, the religious sentiments of the people are being shaken. On the basis of the evidence found against the present applicant for his involvement in commission of the crime, the Investigating Officer has submitted the charge sheet against the applicant under sub-section (3) of Section 123 of the Act, 1951.
3. Subsequent to the submission of the charge sheet, the learned Chief Judicial Magistrate took the cognizance under Section 171-F of the I.P.C. read with Section 123 (3) of the Act, 1951 against the present applicant and passed the summoning order on 27.09.2012. Being aggrieved by the said order dated 27.09.2012, the applicant preferred a revision before the Court of Session. The revision was allowed by the learned Sessions Judge, Chamoli vide its order dated 26.06.2014, whereby the learned Sessions Judge remanded the case and directed the Chief Judicial Magistrate, Chamoli to decide the case afresh. In pursuance of the revisional order dated 26.06.2014, the learned Chief Judicial Magistrate, after hearing the arguments of both the parties, passed the impugned order dated 18.09.2014, whereby the learned Chief Judicial Magistrate, Chamoli took the cognizance in the offence punishable under Section 125 of the Act, 1951 and issued summons to the present applicant.
4. Heard Mr. Pankaj Purohit, learned counsel for the applicant and Mr. S.S. Adhikari, learned Deputy Advocate General assisted by Mr. P.S. Uniyal, learned Brief Holder for the State through video conferencing.
5. The learned counsel for the applicant submits that the applicant, a permanent resident of District Chamoli, is highly educated possessing a degree of Post Graduate as well as LLB; he indulged in the field of social activities and raised issues of public importance of the area; he became popular with the public; he contested the election of Zila Panchayat, Chamoli in the year, 2003 and was elected a........