DEENDAYAL KISHANCHAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is submitted with a grievance that the Courts below have committed an error in accepting the charge-sheet and not dismissing the complaint as beyond the period of limitation.

(2.) It is a patent fact that the petitioners-accused are prosecuted for a prohibition offence and the complaint was filed on 3-6-1976 while the charge-sheet was submitted on 1-12-1978. The period of limitation for such cases under sec. 468 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) is one year because the offences with which the accused were charged are offences punishable with imprisonment for a term not exceeding one year.

(3.) It was the case of the prosecution that two accused i. e. present petitioners Nos. 4 and 5 who are ladies were not available to be produced before the Court alongwith the charge-sheet even though earlier they were released on bail. Therefore as the Court refused to accept the charge-sheet unless all the accused are produced the charge -sheet could not be submitted and ultimately also by a specific letter it seems from the record the charge-sheet was submitted without accused Nos. 4 and 5. This is very clear from the evidence on record.