KRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE two petitions under S. 482 of the Code raise a common question and are accordingly disposed of by a common order.

(2.) PETITIONER seeks to quash charges in CC. Nos. 36 & 37 of 1987 on the file of Enquiry Commissioner and Special Judge. Trivandrum . in so far as they relate to him. There is another accused in C. C. No 36 of 1987. Charges are under S. 409 and 477 A of the Indian Penal Code and S. 5 (2) read with S. S (1) (c) and (d) of the Prevention of Corruption Act. and these are in respect of events. alleged to have taken place in 1977. PETITIONER retired from service on 30-4-1978. Crime was registered on 26-9-1979. Sanction was obtained on 4-7-1984. and charge sheet was filed on 3-9-1984.

(3.) POSITION therefore is that no judicial proceeding shall be instituted after four years of the alleged cause of action. and instituting is deemed to mean on making of complaint or report by police officer. Back to facts. Alleged acts are in 1977. Petitioner retired on 30-4-1978. Charge sheet was filed on 3-9-1984. four years after the cause of action (1977) and retirement. For this reason. counsel for petitioner would submit that proceedings are barred by limitation.