K ASIF Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused Nos.2 and 3 in C.C.No.1229 of 2009 of the Court of learned Judicial First Class Magistrate-V, Kozhikode arising from the final report in Crime No.268 of 2002 of Beypore Police Station for offences punishable under Secs.379 and 411 r/w Sec.34 of the Indian Penal Code (for short, "the IPC"). PETITIONERS seek to quash proceedings against them on the ground that final report filed by the police is beyond the prescribed period of limitation and that there was no request to condone the delay. It is also contended that for the said reason, accused Nos.1 to 4, 9 and 11 were discharged by the learned Magistrate under Sec.239 of the Code of Criminal Procedure (for short, "the Code") by Annexure-A2, order dated 16.12.2009 in C.C.No.119 of 2007. Learned counsel has placed reliance on the decisions in State of Punjab Vs. Sarwan Singh (1981 KHC 813), Joseph Vs. State of Kerala (1989 KHC 503) and Ramesh Chandra Sinha and Ors. Vs. State of Bihar and Ors. (2003 KHC 1528). It is contended that the alleged incident occurred on 19.10.2002, FIR was registered on 21.10.2002 but, though final report is dated 27.10.2006 it was filed only on 13.03.2007 and the learned Magistrate took the case on file on 21.03.2007.

(2.) THE offence alleged is one punishable under Sec.379 and 411 of the IPC. Clause(c) of Sec.468 of the Code would apply since the maximum sentence that could be imposed for the offence punishable under Sec.379 is imprisonment up to three years. Hence the period of limitation is three years. Sec.469 of the Code speaks about the relevant date for reckoning the period of limitation. THE accused including petitioners were arrested within a week of the date of occurrence as the learned Public Prosecutor submits. If that be so, it cannot be disputed that when the final report was filed on 13.03.2007, it was beyond the period of three years, be it from the date of occurrence or from the date on which petitioners were arrested.