Supreme Court Says Magistrates Can Dismiss Frivolous Private Complaints Against Elected Candidates

In its 16 October verdict in Rajkumar Madki v. Dr. Shailendra Beldale, the Supreme Court held that private citizens may file criminal complaints under Section 125A of the Representation of the People Act against elected candidates for false information in election affidavits, with Section 195 of the CrPC posing no bar. But the verdict's balance lies with the magistrate: where a complaint is filed to harass a candidate or carries frivolous allegations, the court said magistrates are equipped to pass such orders as they deem fit. After examining the complainant under Section 200 of the CrPC, a magistrate may issue process, order an inquiry, or dismiss the complaint. The court thus empowered voters while giving magistrates the role of filter against misuse. AdvocateKhoj ETV Bharat Telegraph India (Advocatekhoj, Etvbharat, Telegraphindia)

• In its 16 October verdict in Rajkumar Madki v.
• Dr.
• Shailendra Beldale, the Supreme Court held that private citizens may file criminal complaints under Section 125A of the Representation of the People Act against elected candidates for false information in election affida