STATE OF KARNATAKA Vs. B S VIJAYA MURTHY

JUDGEMENT

(1.) Cases lodged by the Pavagada Police before the Munsiff and J. M. F. C., Pavagada, came to be registered as C. C. Nos. 185 of 1986, 183 of 1986 and 184 of 1986 against the respondent for the offences punishable under Ss. 408, 477-A and 201, I. P. C.

(2.) After filing the charge-sheets, summons were issued to the respondent/accused returnable by 23-6-1986 on which day the respondent/accused appeared before the learned Magistrate and was released on bail. It was made out that there was a delay of 5 years. 2 months and 25 days in filing the complaints. As the question of limitation was pointed out before the learned Magistrate, the learned Public Prosecutor contended that the complaints submitted were well within time. Moreover, the complaints were lodged for the offences punishable under Ss. 408, 477-A and 201 I.P.C. and the limitation prescribed under S. 468, Cr. P.C. has no application on the cases. He also contended that the offences alleged were continuous offences. In support of his contention the learned Prosecutor relied upon the decisions, viz., (1) Secretary, Agricultural Market Committee v. SVGO Mills, 1984 Cri LJ 503 (Andh Pra); (2) State of Bihar v. Deokaram, AIR 1973 SC 908: (1973 Cri LJ 347); (3) Panney Singh v. State of Rajasthan, 1980 Cri LJ 339 (Raj) and (4) Suresh Bai v. State of Gujarath, 1983 Cri LJ 1684 (Guj). He also contended that once cognizance has been taken in spite of there being delay, the Court gets jurisdiction to proceed with the cast or drop the proceedings or to dismiss the complaints. For these reasons, the learned Public Prosecutor contended that the objections raised be overruled and the cases be proceeded with.

(3.) The learned counsel for the accused also relied upon some of the decisions of various High Courts and this Court, viz., (1) Sawanram v. State of Hariyana, (1995) 1 Crimes 160 (Punj and Har), (2) Jagannathan v. State, 1983 Cri LJ 1748 (Mad) and (3) ILR (1986) Kant 3828, contending that the complaints are time barred and deserve to be rejected.