(1.) Heard Sri Saurabh Yadava, learned counsel for the applicant and learned A.G.A. for the State.
(2.) The instant application under Sec. 482 Cr.P.C. has been filed by the applicant inter alia praying for following relief:-
(3.) Learned counsel for the applicant submitted that an NCR No.19/2013 came to be registered against the present applicant on 9/3/2013 under Sec. 323 and 504 I.P.C. only. The matter was investigated vide order dtd. 5/4/2013 by means of an application filed by the opposite party no.2 under Sec. 155 (2) Cr.P.C. The charge sheet was submitted in the court on 30/10/2015, therefore, his submission is that the learned trial court was incompetent to take cognizance of the offence after lapse of period of limitation provided under 468 Cr.P.C. specially when the complaint / charge sheet came to be filed after a lapse of three years, three months and twenty days and thereafter cognizance of the case was taken after a lapse of five years, three months and fourteen days. His further submission is that while passing impugned order, learned trial court did so in utter violation of provision contained under Ss. 467, 468, 469 Cr.P.C. which are part of Chapter XXXVI. Learned trial court could not have taken cognizance of the matter as the same was barred by limitation. He, thus, submits that such order, which has been passed in flagrant violation of statutory bar, is nothing but a gross abuse of process of this Court, which deserves to be quashed.