M. C. KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C, praying this Court to set aside the order dated 03.07.2018 passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.53027/2020 taking cognizance, registering case and ordering process to the petitioners for the offences punishable under Sections 427, 448, 143, 147 read with Section 34 of IPC and to quash the entire proceedings.

(2.) The factual matrix of the case is that respondent No.2 filed a complaint against the petitioners making the allegation that on 03.01.2017 these accused persons trespassed the house, caused damage to the house, threatened her and thrown out the vessels outside the house and hence she gave the complaint on the very same day. The police after receiving the complaint, acknowledged the complaint and again complaint was given on 22.02.2017 and the police have registered the case for the above offences and thereafter investigated the matter and filed the charge-sheet against the petitioners herein. The learned Magistrate after receiving the complaint, took the cognizance vide order dated 03.07.2020 and hence the petitioners are before this Court.

(3.) The main contention of the petitioners before this Court is that the maximum punishment for the offences which have been invoked against the petitioners herein is two years and hence the learned Magistrate ought not to have taken the cognizance after three years and hence committed an error in taking the cognizance. The learned counsel for the petitioners brought to the notice of this Court the relevant offences and also Section 468 of Cr.P.C. The learned counsel would contend that the incident was taken on 03.01.2017 and case was registered on 22.02.2017 and final report was filed on 30.06.2020 and cognizance was taken after lapse of three years. Hence, it requires interference of this Court.