MOHD TAZIM S/O HAZI BUNDU KHAN Vs. STATE OF UTTARAKHAND; KOTWALI HALDWANI; NAGAR PALIKA PARISHAD AND ORS

JUDGEMENT

(1.) Heard.

(2.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 4018 of 2009, State Vs. Mohd. Tazim, relating to offences punishable under Section 447, 120-B, 189 of I.P.C., pending in the court of Addl. Chief Judicial Magistrate, Haldwani.

(3.) Learned counsel for the petitioner pleaded that the Executive Officer of the Nagar Palika Parishad, Haldwani, namely Mr. K.C. Pandey whose statement is said to have recorded by the Investigating Officer on 22.06.2009, had died on 21.06.2009. It is also pleaded that the petitioner s possession is more than three years old, and as such, cognizance cannot be taken after three years in respect of the alleged offence.