AWADHESH PANDEY Vs. VTH ADDL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) K. N. Sinha, J. Heard learned Counsel for the petitioners and learned A. G. A.

(2.) THE contention raised by the learned Counsel for the petitioner is that the Respondent No. 4 filed an application under Section 156 (3) Cr. P. C. , which was dismissed by the learned Magistrate on 19-1-1990. After dismissal of the said application Respondent No. 4 filed a complaint on 8-2-1990 before the Court of Magistrate but the same was dismissed by the IVth Additional Magistrate on 27-1-1992 of 1992. THE Respondent No. 4 filed a second complaint with regard to same incident which was registered as Criminal Case No. 829. THE said complaint petition was heard by the learned Magistrate who ordered for summoning of the accused on 6-5-1994. According to the petitioner the cognizance was taken after 4 years and three month twenty days, which is barred by limitation as provided under Section 468 Cr. P. C. THE petitioner filed an application under Section 468 Cr. P. C. on 4-7-1998 for dismissing the complaint on the ground of limitation. THE Respondent No. 4 filed an objection on 20-8-1998 against this application but the same was rejected by Respondent No. 2 on 28-11-1998. Against the said order a revision was filed which was also dismissed on 8-11-2000 by Respondent No. 1. THE present petition has been filed for quashing the orders dated 28- 11-1998 and 8-11-2000 (Annexures-9 and 10 to the writ petition ).