M. Kannappan v. State represented by the Inspector of Police, Nesumum, Coimbatore
1988-11-10
DAVID ANNOUSSAMY
body1988
DigiLaw.ai
Order This petition is directed against the order of the Sub Divisional Magistrate, Pollachi, dated 26.3.1985, condoning the delay in filing the final report under Sec.173, Criminal Procedure Code in respect of Crime No.192 of 1977. Ne-sumam Police Station registered for offence under Sec.25(1)(a) read with Sec.3 of the Arms Act, 1959. 2. The plea of the accused is that the matter was barred by limitation under Sec.468, Criminal Procedure Code. 3. The prosecution pleaded that it took a long time for obtaining the sanction and that the delay was explained thereby. 4. The Court below accepted the explanation of the prosecution and condoned the delay. The alleged offence took place on 11.11.1976. The case was registered on 26.8.1977. The application for sanction was made on 21.8.1979 and the sanction was obtained on 6.5.1981. The final report dated 10.8.1981 was filed in Court on 11.8.1981. For the offence punishable under Sec.25(1)(a) of the Arms Act, the period of limitation is three years. That period starts from the date on which the offence was made known to the police officer as per Sec.469, Criminal Procedure Code. The total time taken between that date (11.11.1976) and the date of the final report is four years, eight months and 29 days. The time taken for obtaining sanction, viz. 1 year, 8 months and 15 days has to be excluded as per Sec.470, Criminal Procedure Code. Even after exclusion of that time, there is still a period of 14 days between the date of the commission of the offence and the date of the filing of the final report. No explanation whatsoever was given by the prosecution for that period. Therefore, the bar under Sec.468, Criminal Procedure Code operates. 5. It is wondered why in a case of such a simple nature a period of one year, eight months and fifteen days required by the concerned authorities to accord sanction. 6. With this observation, the revision is allowed and the proceedings in C.C.No.98 of 1984 on the file of the Sub Divisional Judicial Magistrate, Pollachi, is quashed. B.S. ----- Revision allowed.