RAVI DUTT SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Section 482, Cr. P. C. has been filed for quashing the order dated 12-5-87, 21-3-89 and 17-5-90, passed by Munsif Magistrate Bijnor and Special Judge, Bijanor for discharge of the applicant in Criminal Case No. 1720 of 1987 and for quashing the proceedings in the above criminal case.

(2.) A report was lodged against the applicant under Sections 379, I.P.C. and 39 of Indian Electricity Act on 5-11-1983, on the basis of which a case at crime No. 547 of 1983 was registered under the said sections. After investigation the police submitted charge-sheet in the said case. However, the charge-sheet was placed before the Magistrate on 12-5-1987. The Magistrate ordered registration of the case and issued summons to the applicant. The applicant moved an application for discharging him on the ground that the occurrence took place on 5-11-1983 and cognizance of the offence was taken on 15-12-1987 that is much after three years of limitation and, therefore, his prosecution was barred under Section 468, Cr. P. C. The learned Magistrate held that Ahalmad has received charge-sheet within the time of limitation but he produced the same on 12-5-1987 before the Court and, therefore, the delay has been properly explained. With these findings he rejected the above application.

(3.) The applicant filed a revision before the Sessions Judge. The Sessions Judge held that the charge-sheet in the case was submitted on 16-1-1984 was received by the Court Moharir on 28-7-1986 and handed over to the then Ahalmad of the Court on the same day. But due to mistake of Ahalmad it was produced before the Court on 12-5-87. The learned Magistrate had condoned the above delay under Section 473, Cr. P. C. Therefore, there was no ground for interference with the order under revision. Accordingly he dismissed the revision.