RAM ASHISH Vs. STATE OF U P

JUDGEMENT

(1.) The present petition under Section 482 Cr. P.C. has been filed by the applicants Ram Ashish and three others with the prayer to quash the proceedings of Criminal Case No. 140/07, State v. Ram Ashish and others, under Sections 323, 504 IPC pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Mau.

(2.) Heard Sri Ravindra Nath Rai, learned counsel for the applicants, Sri M.A. Mishra, learned counsel for the complainant as well as learned AGA and perused the record.

(3.) On the other hand, learned counsel for the complainant and learned AGA have submitted that the NCRs were registered in 1998 and order was passed by the learned Magistrate to investigate the matter but in the NCR registered against the complainant's father, his real uncle and one Surendra Yadav, charge-sheet was submitted, whereas in the NCR registered against the applicants, the Investigating Officer did not take any interest and did not submit the report. Thereafter, an application was moved before the learned Magistrate about the progress of the matter and then an order for reinvestigation was made in the year 2006 and after investigation, charge-sheet was submitted by the Investigating Officer, on which learned Magistrate has rightly taken cognizance on 23.2.2007. It is also submitted that the learned Magistrate has rightly rejected the application moved by the applicants for their discharge filed on the ground of delay in taking cognizance against them. They have also submitted that the learned lower revisional Court has also rightly rejected the revision filed by the applicants as the cognizance was legally taken by the learned Magistrate and it was delayed only due to the negligence of the Investigating agency but for no fault of the complainant. It is submitted that in view of Section 473 of Cr. P.C., the learned Court may take cognizance of an offence after expiry of period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interest of justice.