A division bench of the Apex Court held that a private complaint is maintainable against a lying public servant in the nomination form contains false statements.
From Para 4,
4. A substantial question of law of general public importance, hitherto undecided by this Court, does arise for our consideration. It is:
Whether Section 125-A of the RoP Act should pass muster the rigours of Section 195(1) of the Cr. PC? In other words, whether any private person can file a complaint under Section 200 of the Cr. PC against a returned candidate for an offence punishable under Section 125-A of the RoP Act?
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