Criminal Procedure Code, 1973, S. 482—Indian Penal Code, 1860 , S. 420—Haryana Panchayati Raj Act, 2015 S. 175-U, 188 — Petition for quashing complaint under Section 420 IPC read with Section 175-U of 2015 Act and summoning order by Magistrate — Filed by Sarpanch Petitioner possessed two ration cards and did not disclose dues payable to Electricity Department whcih was a disqualification for a candidate — Summoning under Section 175-U of 2015 Act —Order is Revisable—Does not bar or prohibit jurisdiction of High Court under Section 482 when there is apparent illegality —Cognizance could not be taken except on complaint by an order or under Authority from State Election Commission Section 188 of 2015 Act— If the initial action is not in consonance with law, all subsequent & consequential proceedings would fall. State of Punjab v. Davinder Pal Singh Bhullar, (2011) 14 SCC 770, relied.
Cr.P.C. Section 482 – Mere fact that the said order is also a revisable order would not impede or prohibit the High Court from taking cognizance of an apparent illegality in exercise of its jurisdiction under Section 482 Cr.P.C. – An existence of an efficacious and alternative remedy ipso-facto does not bar or prohibit the jurisdiction of the High Court under Section 482 Cr.P.C. – Once the illegality is apparent and is not disputed or denied, continuation of any such proceedings would amount to perversity and perpetuation of injustice and is impermissible. [Para 10]
