Dinesh Chandra Somani ORDER
Dinesh Chandra Somani, J.
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of FIR No. 41/2015 registered at Police Station, Jaswantpura, District Jalore as well as proceedings in furtherance thereof for the offences under Sections 191, 192, 196, 197, 200, 420, 467, 468, 471, 474 and 120B IPC.
2. The matter pertains to contest of election by the petitioner from Ward No. 4 as a member of Panchayat Samiti, Jaswantpura.
3. It is alleged in the FIR that alongwith the nomination paper, a certificate of Gujarat Higher Secondary Education Board, Gandhi Nagar, Examination Wing, Vadodara was submitted by the contestant, the present petitioner. The petitioner was elected as member of Panchayat Samiti, Jaswantpura, and thereafter, again filed a nomination paper for the election of Pradhan, Panchayat Samiti, Jaswantpura on 07.02.2015 and also won the said election.
4. The complainant raised a dispute regarding the petitioner's age, not being in conformity with Section 19(k) of the Rajasthan Panchayati Raj Act, and also the documents submitted by the petitioner to have inconsistency regarding the date of birth 02.07.1993 in one of the document and 02.07.1996 in another document. Leaving Certificate No. 370 of Purnima Hindi High School, Ahmedabad contained the date of birth of the petitioner as 02.07.1993, whereas the certificate issued by R.K. Modern Upper Primary School, Ghaseri contained the date of birth of the petitioner as 02.07.1996.
5. The investigation has been completed and challan had been filed before the competent court, but was returned to the investigating officer on 28.03.2017 for making necessary correction.
6. Learned counsel for the petitioner has drawn the attention of this Court towards the applications filed by the petitioner and her family members before the competent court of Additional Chief Metropolitan Magistrate, Court No. 6, Ahmedabad, whereby, as per Gujarat Secondary and Higher Secondary Education Regulations, 1974, Regulations 12(k) and 12(k)(6), they had sought change in the date of birth of the petitioner.
7. Learned counsel for the petitioner also drew the attention of this Court to the orders passed by the learned court below in application No. 907/2017, whereby the amendment in the date of birth, as sought by the petitioner has been allowed and a Tehrir regarding the same has been issued, which is also on record.
8. Learned counsel for the petitioner further submitted that in the larger interest of justice, the investigating authority should have considered all these documents, which have been subsequently produced by the petitioner before the investigating authority, even when the investigation has been completed. In support of this submission, learned counsel for the petitioner has placed reliance on the judgment rendered by the Hon'ble Apex Court in Pooja Pal Vs. Union of India & Ors., MANU/SC/0071/2016 : 2016 Cri.L.J. 2038, relevant para 72 of which is as follows:-
"72. The precedential ordainment against absolute prohibition for assignment for investigation to any impartial agency like the CBI, submissio........