Kerala High court on Monday quashed a complaint against former minister, K.B.Ganesh Kumar, alleging that he had furnished false particulars regarding his educational qualification in his affidavit filed along with his nomination paper as well as in the Legislative assembly publication.
The complaint was filed by one P.K.Raju of Anchal before Judicial First Class Magistrate, Punaloor, who took cognisance of the complaint and issued summons to Mr. Kumar who challenged it.
Quashing the complaint, Justice S.S.Sateeshchandran said cognisance taken on the complaint against the petitioner for offence under IPC section 193 (false evidence) was “patently unsustainable” and was “abuse of process of court.”
The court pointed that when specific provision is made under the act for providing a penalty for filing false affidavit under Sect 125 of the Representation of People Act, no prosecution under IPC section 193 is entertainable.
Mr. Kumar recently resigned over a complaint filed by his wife alleging domestic violence.