IN RE: KRISHNAPPA NADAR Vs. STATE

JUDGEMENT

(1.) THIS is a petition to call for the records in C.C. No. 6616 of 1978 on the file of the Judicial Second Class Magistrate, Poonamallee and quash the proceedings. In the said CC. No. 6616 of 1978 the petitioner is the accused against whom a charge -sheet has been filed for an offence under S. 4(l)'(k) of the Tamil Nadu Prohibition Act on the allegation that on 17th October, 1974 one Thirupandi sold arrack in the premises belonging to the petitioner in Sivaboothan village and the petitioner allowed the said Tirupandi to sell arrack. The offence was punishable with imprisonment for two years and with a fine of Rs. 5.000/ - as the section stood on 17th October, 1974 when the offence was committed. By reason of S. 468 Crl. P.C. no Court shall take cognizance of an offence of the category specified in Sub -s. (2) after the expiry of the period of limitation, and by reason of Sub -s. (2) of S. 468, the period of limitation is three years if the offence is punishable with imprisonment, for a term exceeding one year but not exceeding three years. The Charge -sheet in the instant case has been filed on 15th September 1978, that is to say, more than three years after the date on which the offence was committed. Therefore, the complaint is barred by limitation. Hence the proceedings are quashed.