JAGMOHAN Vs. STATE

JUDGEMENT

(1.) The present revision petition Nos. 53, 54, and 52 filed by Sarvshri Sanjay Gandhi, Jagmohan, and Ranbir Singh respectively under Sections 397 and 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) seek to invoke the revisional and inherent powers for quashing and order dated 11th February 1980 of Shri K.P.Verma, Chief Metropolitan Magistrate, Delhi allowing under Section 473 of the Code, launching of prosecution against the petitioners beyond and after the expiry of period of limitation as prescribed by Section 468 of the Code. As all the petitions are in respect of the same order they are being decided together by means of one judgment which is being written in Revision Petition No. 54 of 1980 tiled Shri Jagmohan.

(2.) On 28th May 1977, Government of India acting under Section 3 of the Commission of Inquiries Act, appointed a commission of inquiry with Mr. Justice J.G. Shah, retired Chief Justice of India as the Chairman. That Commission submitted two reports dated 11 th March 1978 and 26th April 1978. In report dated 26th April 1978 the said Commission of Inquiry gave findings in respect of commission of offences by the present petitioners by way of carrying out illegal demolitions of some shops and houses in and around villages Kapeshera and Smalka situated in the Union territory of Delhi.

(3.) Due to aforesaid findings of Shah Commission, C.B.I, investigated the matter. The G.B.I, filed a report under Section 173 of the Code on 17th July 1979. As by that time cognizance of the offences alleged to have been committed by the present petitioners was barred by limitation under S. 468 of the Code, an application under Section 473 of the Code dated 16th July 1979 was made by Public Prosecution for condoning the delay and taking cognizance of the offences notwithstanding the expiry of the period of limitation.