JUDGMENT 1. - This miscellaneous petition is directed against the order dated 21-7-93, passed by the Additional Sessions Judge No.1, Sri Ganganagar (Camp Sri Karanpur), by which the learned Additional Sessions Judge dismissed the revision petition filed by the petitioner and maintained the order dated 13-1-1989, passed by the learned Munsif and Judicial Magistrate, First Class, Sri Karanpur, by which the learned Magistrate took cognizance against the petitioner for the offence under Section 304-A, I.P.C. 2. It is contained by the learned counsel for the petitioner that the learned Magistrate has taken the cognizance against the petitioner after the expiry of the period of limitation and condoned the delay without giving any opportunity of hearing to the petitioner. The learned Public Prosecutor, on the other hand, has supported the order passed by the Courts below. 3. I have considered the submission made by the learned counsel for the parties. 4. It is an admitted position that the cognizance has been taken by the learned Magistrate after the expiry of the period of limitation prescribed under Section 468 Cr.P.C. The learned Magistrate condoned the delay under Section 473 Cr.P.C. without giving any opportunity of hearing to the petitioner. Though Section 473 Cr.P.C. gives powers to the learned Magistrate to extend the period of limitation in certain cases and can take cognizance of an offence after the expiry of the period of limitation if he is satisfied that on the facts and in the circumstances of the case the delay has been properly explained and it is necessary to do so in the interest of justice but before condoning the delay and taking cognizance after the expiry of the period provided under Section 468 Cr.P.C. and exercising the powers under Section 473 Cr.P.C. and extending the period of limitation it was necessary for the Court below to give and opportunity of hearing to the accused, whose valuable rights have been affected. As no notice was issued to the petitioner before extending the period of limitation under Section 473 Cr.P.C., the order passed by the learned Magistrate, as well as that of the learned Additional Sessions Judge, therefore, deserve to be quashed and set-aside and the case is remanded to the learned trial Court for passing an order under Section 473 Cr.P.C. after giving proper opportunity of hearing to the petitioner. 5. 5. The miscellaneous petition, filed by the petitioner, is therefore, allowed and the orders, passed by the Courts below, are set-aside and the case is remanded to the learned Munsif and Judicial Magistrate, First Class, Sri Karanpur, to proceed with in accordance with law after giving an opportunity of hearing to the petitioner.Petition is disposed of accordingly. *******