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2014 DIGILAW 614 (RAJ)

Tej Karan v. State of Rajasthan

2014-03-04

VIJAY BISHNOI

body2014
JUDGMENT 1. - This Criminal Misc. Petition under Section 482 Cr.P.C has been preferred by the petitioner against the order dated 5.2.2014 passed m Additional Sessions Judge, Ratangarh, District Churu (for short 'the Revision Court' hereinafter) in Cr. Revision No. 11/2013, whereby the revision petition filed by the petitioner against the order dated 2.9.2013 passed by the Addition Chief Judicial Magistrate, Ratangarh, District Churu (for short the 'Trial Court hereinafter) of taking cognizance against the petitioner for the offence punishable under Sections 19/54, 19/54-A of the Rajasthan Excise Act, 1950 (for short 'the Act of 1950' hereinafter) has been dismissed. 2. The only contention, raised on behalf of the petitioner before the Revisional Court, while challenging the order dated 2.9.2013 passed by the Trial Court, was that the Trial Court took cognizance against the petitioner without taking special sanction from the State Government as provided under sub-1 section (2) of Section 67 of the Act of 1950. 3. It is contended that the incident, for which the F.I.R. was lodged against the petitioner, had taken place on 13.4.2012, whereas the Trial Court took the cognizance against the petitioner on 2.9.2013, which is clearly after a year from the date of incident and no special sanction from the State Government has been obtained for taking the cognizance as per the provisions of sub-section (2)1, of Section 67 of the Act of 1950. 4. The Revisional Court has considered the said argument of petitioner and observed that since the petitioner was declared as absconder on 2.1.2013, the period between 2.1.2013 and 2.9.2013 is liable to be excluded while calculating the period of limitation of one year as per the provisions of Clause (b) of sub- section (4) of Section 470 Cr.P.C. 5. It is not in dispute in the present case that the petitioner was declared as absconder on 2.1.2013 and the police has filed charge-sheet against the I petitioner under Section 299 Cr.P.C in the Trial Court. The Trial Court took cognizance against the petitioner vide order dated 2.9.2013 when the petitioner I was declared absconder and the proceedings under Sections 82 and 83 Cr.P.C. / have been initiated against him. The period between 2.1.2013 and 2.9.2013 is I certainly liable to be excluded in view of the provisions of Clause (b) of sub-section (4) of Section 470 Cr.P.C. 6. The period between 2.1.2013 and 2.9.2013 is I certainly liable to be excluded in view of the provisions of Clause (b) of sub-section (4) of Section 470 Cr.P.C. 6. Having regard to overall facts and circumstances of the case, this Court does not find any perversity in the findings arrived at by the Revisional Court. Hence, there is no force in this Criminal Misc. Petition and the same is hereby dismissed.Stay Petition also stands dismissed.Petition dismissed. *******