AJAI KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE order dated 17/2/2004 passed in Criminal Miscellaneous Petition No. 9421 of 2003 in S.T.C. No. 5090 of 2001 by The Judicial Magistrate, Padmanabapuram is now under challenge.

(2.) THE revision Petitioners as Petitioners have jointly filed Criminal Miscellaneous Petition No. 9421 of 2003 on the file of the Judicial Magistrate, Padmanabapuram, praying to discharge them from the proceedings of S.T.C. No. 5090 of 2001, wherein, it has been stated that the case in question has been registered against the Petitioners on 27/4/2000 for the offences under Rule 10(i) of Tamil Nadu Spirituous Preparation Central Rules, 1984 r/w. Sections 11 and 14(A) of Tamil Nadu Prohibition Act and the maximum punishment for the said offences is only six months imprisonment. The Respondent ought to have laid a final report within one year from the date of commission of offences. But the Respondent has filed a final report on 22/8/2001. Therefore, the final report itself is barred by limitation. Under the said circumstances, the Petitioners are entitled to get discharge from the proceedings of S.T.C. No. 5090 of 2001.

(3.) ON the basis of rival contentions raised by either side, the Judicial Magistrate, Padmanabapuram has dismissed the petition. Against the dismissal order, the present Criminal Revision Case has been filed.