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1994 DIGILAW 752 (RAJ)

Shrawan Kumar v. State of Rajasthan

1994-09-19

N.L.TIBREWAL

body1994
JUDGMENT 1. - Heard learned Counsel for the petitioner and learned Addl.P.P. for the State. 2. Without going into the merits of the case, this petition deserves to be allowed on the questions of limitation. 3. In the instant case, the complaint under Section 182 Indian Penal Code was filed before the Magistrate on 21st April, 1984, but the cognizance was taken on the said complaint on 2.12.85 i.e. after more than 19 months. The offence under Section 182 Indian Penal Code is punishable with imprisonment for six months or fine or Rs. 1,000/- or both. Under Section 468 Criminal Procedure Code the limitation for taking cognizance is one year under Clause (b) of Sub-section (2) of Section 468 Criminal Procedure Code. In the face of the record, cognizance has been taken after the expiry of limitation from the date of filing of the complaint. 4. The provisions of Section 468 Cr.P.C. are mandatory in nature and go to the root of the case as jurisdiction of the Court is debarred from taking cognizance after the period of limitation. The learned Magistrate has not condoned the delay as provided under Section 473 Cr.P.C. In view of the aforesaid facts, the order taking cognizance and further proceedings taken against the petitioner for the offence under Section 182 Indian Penal Code are hereby quashed and set aside.Petition allowed. *******