ORDER: This is a petition under Sec.482 of the Code of Criminal Procedure by the ‘B’ to quash the proceedings in S.T.C.No.286 of 2000 on the file of Judicial Magistrate No.1, Thiruvannamalai. 2. The third petitioner herein, namely, Sekar, lodged a complaint before the respondent herein alleging that on 1.2.1999 at about 7.30 a.m. he and other petitioners herein were attacked by one Gurusamy and four others and they sustained injuries and it was registered in Crime No.113 of 1999 for offences under Secs.147, 148, 325, 427 and 323 of I.P.C. against Gurusamy and four others. In respect of the same occurrence, the son of Gurusamy, namely, Jai Ganesh lodged a complaint before the respondent alleging that the petitioners herein attacked and injured him and it was registered in Crime No.114 of 1999 for offences under Secs.324 and 323 of I.P.C. against the petitioners herein. In both the complaints, the occurrence is one and the same and hence it is a case of complaint and counter complaint arising out of the same transaction. The respondent, after investigation, instead of filing a final report either positive or negative in both the complaints, adopted a short circuit method of charging both the parties for an offence of affray under Sec.160 of the Indian Penal Code arraying the petitioners as ‘B’ party and the other party as ‘A’ party, which gave risk to the present petition by the ‘B’ party. 3. The learned counsel appearing for the petitioners contends that the proceedings initiated before the Court below are liable to be quashed for two reasons. The first ground raised is that the respondent, namely, Sub-Inspector of Police, Thiruvannamalai Town, did not proceed to investigate the case in accordance with Rule 588-A of the Madras Police Standing Orders which governs the manner in which the investigation will have to be conducted in respect of case and counter case. Rule 588-A of the Madras Police Standing Order stipulates that in a complaint and counter complaint arising out of a same transaction, the investigation officer has to enquired into both of them and adopt one or the other of the two courses, namely, (1) to charge the case where the accused were the aggressors or (2) to refer both the cases if he finds them untrue. If the investigation officer finds that either of the course is difficult, he should seek the opinion of the Public Prosecutor and act accordingly. A final report should be sent in respect of the caseref erred as mistake of law and the complainant or the counter-complainant, as the case may be, should be advised about the disposal by a notice in Form 96 and to seek remedy before the specified Magistrate if he is aggrieved by the disposal of the case by the police. Reliance is placed on the decision of this Court in M.Krishnaraj and two others (accused ‘B’ party) v. The State represented by the Sub Inspector of Police, B-1, North Beach Police Station, Madras, 1992 L.W. (Crl.) 206, Janarthanam, J., has held that in a case and counter case, mandate is cast upon the investigation officer to enquired into both of them and adopt one of the two courses provided in Rule 588-A of the Madras Police Standing Orders and filing of a report against both the parties for the offence of affray under Sec.160 of I.P.C. is not legal and is liable to be quashed and I am in entire agreement with the view expressed therein. 4. In the present case, the complaint and the counter complaint reveal the commission of cognizable offences and the respondent/ investigation officer has failed in his duty to follow the procedure stipulated in Rule 588-A of Madras Police Standing Orders and insisted adopted a short circulated procedure of charging both the parties for an offence of affray under Sec.160 of Indian Penal Code. The procedure adopted by the respondent is an abuse of process of law and the proceedings in the case are liable to be: quashed. The proceedings will cause prejudice to the other party, namely, ‘A’ party also and hence the entire proceedings in S.T.C.No.286 of 2000 are liable to be quashed. 5. The next ground raised is that the occurrence took place on 1.2.1999 and the Judicial Magistrate has taken cognizance of the case on 11.2.2000 and hence the prosecution is barred by limitation as per Sec.468(2)(b) of the Code of Criminal Procedure. 5. The next ground raised is that the occurrence took place on 1.2.1999 and the Judicial Magistrate has taken cognizance of the case on 11.2.2000 and hence the prosecution is barred by limitation as per Sec.468(2)(b) of the Code of Criminal Procedure. A perusal of the case records reveal the following: (a) Occurrence had taken place on 1.2.1999 at 7.30 a.m. and the complaint was lodged on the same day and a case in Crime No.113 of 1999 was registered by the respondent on the same day. (b) Final report was filed in the Judicial Magistrate Court No.1, Thiruvannamalai, on 9.2.2000. (c) The case was taken on file on 11.2.2000 as S.T.C.No.286 of 2000 and posted for hearing on 10.3.2000. The offence taken cognizance is affray which is punishable under Sec.160 of I.P.C. with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both. Sec.468 of Crl.P.C., is specific that except as otherwise provided in the Code, no Court shall take cognizance of an offence of the category specified in Sub-sec.(2), after the expiry of a period of limitation. Under Sec.468(2)(b) of the Code, the period of limitation is fixed as one year if the offence is punishable with imprisonment for a term not exceeding one year. On facts detailed earlier, the learned trial Magistrate ought to have taken cognizance of the offence of affray under Sec.160 of the Indian Penal Code, before the expiry of the year from the date of commission of the offence. The occurrence having taken place on 1.2.1999 of which the case was registered by the respondent on the same day, the final report ought to have been filed on or before 31.1.2000 to facilitate cognizance by the Magistrate within the period prescribed under Sec.468, Criminal Procedure Code. Obviously, this was not done. The final report was presented on 9.2.2000 before the Magistrate and cognizance was taken on 11.2.2000. Reliance is placed on the decision of this Court in Aru v. State represented by Sub Inspector of Police, Pothanur Police Station, Coimbatore, 1993 L.W. (Crl.) 127, in which, Arunachalam, J., has held that the Magistracy, the investigating agency and the prosecuting agency in the Court must be aware of the application of law of limitation and its link to cognizance contemplated under Sec.468 of Crl.P.C. and perform their duties diligently. I agree with the reasonings of the learned Judge therein. 6. As already seen, the impugned prosecution against the petitioners is barred by limitation and on this ground also the proceedings in S.T.C.No.286 of 2000 is liable to be quashed in so far as the petitioners herein as well as the other party. 7. For the reasons stated above, the petition is allowed and the entire proceedings in S.T.C.No.286 of 2000 on the file of Judicial Magistrate No.1, Thiruvannamalai, are quashed against the petitioners as well as the other party. Connected Crl.M.P. No.5894 of 2000 is closed.