PEDDUR VENKATARAM S/O. MATAVARAPPA AND OTHERS Vs. THE STATE OF KARNATAKA BY MULABAGAL P.S. MULABAGAL TOWN KOLAR DISTRICT

JUDGEMENT

(1.) THIS petition is filed seeking to quash the proceedings in CC. No. 168/2011 pending before the JMFC, Mulabagal arising out of Cr. No. 135/2009 of Mulabagal police station, registered for the offence under Section 127 of the Representation of the Peoples Act 1951.

(2.) IT Is the ease of the complainant, who is Assistant Election Officer Mulabagal Assembly Constituency that on 18.04.2009, the JDS workars of Mulabagal Taluk had conducted the road show in which, 10 to 15 vehicles were going behind their leader in a group instead of going in an orderly manner and thereby they have created obstruction to the smooth flow of traffic and disturbance to public life. Hence, this case was registered.

(3.) IT is submitted by the counsel for the petitioners that the, incident has taken place on 18.04.2009, however cognizance of offence is taken on 13.04.2011. It is submitted that, limitation for taking cognizance of offence is one year as per Section 468(2) of the Cr.P.C. and since, the same is beyond the period of one year prescribed under the said Section, cognizance taken is had in law and the proceedings are liable to be quashed.