DINESH KALYAJI GALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners are the accused nos.1 and 2 respectively in Criminal Case No.8/PW/2010 pending before the Metropolitan Magistrate, 42nd Court, at Dadar, Mumbai. The allegation against them, as has been leveled in the said case, is that they have committed an offence punishable under Section 53(7) of the Maharashtra Regional and Town Planning Act (M.R.T.P. Act), 1966. The petitioners raised a contention that the cognizance of the offence allegedly committed by them could not have been taken as the case had been instituted after the period of limitation as prescribed under Section 468 of the Code of Criminal Procedure (Code), and by an application dated 12.7.2011, styled as 'application for rescinding cognizance of the alleged offences', prayed that the case be closed or dismissed by rescinding or cancelling the cognizance that had been taken by the trial court. The learned Magistrate after hearing the Assistant Public Prosecutor rejected the said application by an order dated 1.11.2011. The petitioners, being aggrieved by the said order dated 1.11.2011, passed by the learned Magistrate, approached the court of Sessions invoking its revisional jurisdiction. The revision application also came to be dismissed by an order dated 27.1.2012.

(2.) I have heard Mr.W.S.Rane, the learned counsel for the petitioners. I have heard Mr.Y.S.Shinde, the learned APP for the State. The only short point that is involved is whether the prosecution launched against the petitioners by the aforesaid criminal case is within the period of limitation prescribed by the Code.

(3.) Section 53 of the M.R.T.P. Act reads as under :