RAMESH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) RAMESH Chandra and his father Shiv Prasad Gupta have filed this application under section 482 of the Code of Criminal Procedure praying that the proceedings pending. against them in criminal case no. 574 o f 1976 State v. Ramesh Chandra and others, pending before the Judicial Magistrate, Bhognipur, Kanpur be quashed or in the alternative they be transferred to Mainpuri. On 3rd May 1969 a First Information Report was lodged at police station, Bhognipur, by Sri Simrat Singh to the effect that Truck no. 7253 USF was owned by him and miscellaneous articles booked from Indore were brought by two drivers Nand Lal and Lallu. In the morning of 3rd May 1969 his clearner came to him at Birhana Road, Kanpur and told him that the articles had been brought to Kalpi gate and after crossing the river by boat they had again been loaded in the truck on Kanpur side. The cleaner further in-formed him that he and Lallu Singh went to take meals in the hotel and just then there was rain and thunder storm and when they returned at about 1.00 O'clock in the night of Ist May 1969 they found that the truck in question had been driven away by some person. The police registered a case and took up the investigation. During the investigation it was discovered that the three unknown companions of the driver were Balbir Singh, Sohan Lal, Chawala and Ram Sanehi Pandit. On 4th and 5th May 1969 the police raided the lower portion of the house of the two applicants and from there recovered certain articles alleged to have been loaded in the truck in question. After completing the investigation the police submitted a charge-sheet dated 4th My 1976 against the two applicants as well as Balbir Singh. Consequently on 2nd February 1976 the Judicial Magistrate, Bhognipur passed the following order :

(2.) SO far as the first question is concerned it hardly provides a ground for quashing the proceedings under section 482 of the Cr. P. C. It is for the court which is dealing with the case to decide whether the prosecution has succeeded in establishing its case. Undoubtedly the allegation of the prosecution is that the recovery had been effected from the possession of the two applicants. Its truth or otherwise can be determined only after evidence has been led in the case.

(3.) ACCORDING to this section, it is not open to a criminal court to take cognizance of an offence which is punishable with imprisonment for a term exceeding one year but not exceeding three years, after three years of its commission. The prosecution case as stated above clearly makes out that the offence if any, that would be made out against the two applicants would be one under section 411 L P. C. which is not punishable with imprisonment for a term exceeding three years. Accordingly, even if it be taken that the recovery of the stolen articles was effected from the possession of the applicant on 6th May 1969 the cognizance of the offence could not be taken against them on 2nd February 1976.