MOTI PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the judgment and order passed by Mr. S. L. Tripathi, the then Sessions Judge of Deoria on 27-11-1981 in Criminal Appeal No. 153 of 1981. It was a case under section 323 IPC. Mr. R. L. Sankhwar, the then Munsif Magistrate, Kasia, district Deoria had passed an order of conviction of the revisionists and sentenced each one of them to three months' rigorous imprisonment. The number of the criminal case was 9963 of 1966. The appeal was heard by Mr. S. L. Tripathi, Sessions Judge of Deoria and the number of the criminal appeal was 153 of 1981. The learned Judge was addressed on the legal aspects of the matter also and it was brought to his notice that the case could not proceed as it was barred by limitation and hence he should quash the proceedings, but the Sessions Judge was of the view that since the taking of the cognizance was not challenged at the initial stages under section 472 of the CrPC since the Magistrate was empowered under section 472 of the CrPC to take cognizance even beyond limitation and he has taken cognizance in this case, hence this point can not be agitated at this stage. On merits, he found the Magistrate's judgment to be satisfactory and confirmed it and dismissed the appeal upholding the conviction of the revisionists but reducing the sentence of each one of them to a fine of Rs. 200/-.

(2.) A perusal of section 468 of the Code of Criminal Procedure will make it very clear that the object of the framers of the Code in putting a bar of limitation on prosecutions was clearly to prevent the parties from filing cases after long time and to ensure that material evidence does not disappear and the abuse of process of the Court does not take place. It may also be mentioned here that proceedings which are illegal and invalid right up from inception and in the initial stages, cannot become legal and valid, because illegality has persisted and the proceedings have concluded.

(3.) THE offence in this case took place on 1-3-1976. THEre is no doubt about it, as will be apparent from the charge-sheet submitted. In the case the learned Magistrate took cognizance of the offence on 13-12-1977 as will be apparent from the first order which he passed on the record and which is to the following effect : 13-12-77 : Charge sheet received. Register. Summon the accused for 19-2-78. Sd/- Munsif Magistrate. Under section 323 of the IPC according to the provisions of section 468 CrPC since the offence is punishable by an imprisonment for a term of one year, the period of limitation is of one year from the date of the commission of the offence.