RAVI Vs. STATE

JUDGEMENT

(1.) THIS revision is filed against the dismissal of discharge petition filed by the petitioner.

(2.) THE main ground of attack made by the learned counsel for the petitioner was on the ground of limitation. According to the learned counsel, first information report was registered on 9.8.2007. The respondent police filed charge sheet on 7.1.2008. Since there was some discrepancy, the original charge sheet was returned. However, it was re -presented only on 24.4.2009, after a period of more than one year. Therefore, the learned Magistrate ought to have rejected the charge sheet and allowed the petition filed by the petitioner for discharge. But the lower Court has held that since the charge sheet was filed well within the period of limitation, initially, cognizance could be taken and dismissed the petition filed by the petitioner for discharge.

(3.) THE learned Government Advocate relied on the very same judgment, in which reference has been made to Supreme Court judgment wherein it is stated "Petition for discharge in a summons case is unknown to the Code of Criminal Procedure and therefore, the Magistrate ought to have dismissed the petition as not maintainable". Therefore, on that ground, the order passed by the lower Court has to be sustained.