RANJITH BALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in C.C.No.556/2024 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam filed this petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying for quashing all further proceedings against him

(2.) The offences alleged against the petitioner are under Sec. 354 and 509 of the IPC. The date of the alleged incident was on 22/4/2009. Annexure A1 complaint was given only on 26/8/2024, after more than 15 years.

(3.) Relying upon Sec. 468 of Cr.PC, the learned counsel for the petitioner Sri. Santheep Ankarath would argue that since the maximum punishment provided for the offences under Ss. 354 and 509 of IPC in 2009 were two years and one year respectively, the period of limitation for taking cognizance of the aforesaid offences was only three years from the date of commission of the offences. Therefore, according to the learned counsel, the charge is hopelessly barred by limitation. Further, according to the learned counsel, the application filed under S.473 Cr.PC subsequent to taking cognisance of the offence is of no use.