R B S MANIAN Vs. STATE

JUDGEMENT

(1.) THIS criminal revision case has been preferred against the order of the learned Judicial Magistrate No.II, Sattur dt.17.10.96 in Criminal Miscellaneous Petition No.1596 of 1996 in C.C.No.26 of 1996.

(2.) THE circumstances which have given rise to the present criminal revision case are briefly as follows:- THE Sub-Inspector of Police, Alangulam initiated criminal proceedings against the two petitioners under sections 286, 337 and 304-A, I.P.C. and section 3 read with section 25(1) (B) (a) of the Arms Act alleging that the occurrence took place on 29.1.88. It appears, originally the provisions of the Arms Act have not been included and it remained a summons case. As per the provisions of section 468, Cr.P.C. investigation has to be completed within two years and charge sheet should be filed within two years in a summons case. After the provisions of the Arms Act have been included, the case became a warrant case and the charge-sheet has to be filed within a period of three years. As per the case of the prosecution the occurrence took place on 29.1.88 and therefore the charge-sheet should have been filed by 29.1.91. However, the charge-sheet was filed only on 30.3.92 after a delay of one year and two moths. In the lower court, an application was filed in Criminal Miscellaneous Petition No.1596 of 1996 to excuse the delay in filling the charge-sheet beyond a period of three years. THE learned Judicial Magistrate No.II, Sattur after an enquiry, by his order dt. 17.10.96 excused the delay in filing the charge- sheet, took the case on file as C.C.No.26 of 1996. THE correctness of the said order is being challenged in this revision petition.