SAJU THURUTHIKUNNEL Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in Crime No.311 of 2013 of Puthencruz Police Station registered under Sections 379 of the Indian Penal Code (in short, "IPC") comes up before this Court under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.") seeking quashment of Annexure -AIX first information report.

(2.) ALLEGATIONS against the petitioner, in brief, are as follows: The accused committed theft of a hand pump installed in a bore well about ten years before registration of the crime and he installed an electric motor there. He bails out water for his private purpose.

(3.) LEARNED counsel for the petitioner submitted that the case is totally false. Further, registration of the crime is hopelessly barred, even if the allegations are found to be true. Section 468 Cr.P.C. deals with the bar to taking cognizance after lapse of the period of limitation. The allegation against the petitioner is that he involved in an offence under Section 379 IPC, which is punishable with an imprisonment for three years. Going by the provisions in Section 468(2)(c) Cr.P.C., it can be seen that the period of limitation is a term of one year for taking cognizance of the offence.