STATE OF MAHARASHTRA Vs. P C TATYAJI

JUDGEMENT

(1.) The respondent, a Police Constable, was charge-sheeted for an offence under S. 7(3) Protection of Civil Rights Act (22 of 1955), before the Judicial Magistrate, First Class, 6th Court, Nagpur in Criminal Case No. 460/83. After service of summons in the Court the accused appeared, furnished bail and filed an application under S. 258, Criminal P.C. seeking discharge. He contended that the charge-sheet was filed more than six months after the date of his arrest and the prosecution was for a cognizable offence triable as a summons case. He further contended that in view of the provisions contained in S. 167(5) Criminal P.C., the investigation which continued beyond the period of six months was illegal being without the previous sanction of the Magistrate in the interest of justice. It was for this reason that according to him, the entire proceedings are vitiated on the face of illegal charge-sheet filed before the trial Court.

(2.) The applicant herein i.e. the State, opposed the application of the accused. It was their say that any illegality or irregularity in the investigation does not affect the power of the Court to take cognizance. It was further contended that for the offence in question viz. under the Civil Rights Act, the maximum punishment is 6 months, and, therefore, the Court could take cognizance within a period of one year as stipulated under S. 468, Criminal P.C.

(3.) The learned Trial Court, however, agreed with the submission of the respondent accused, and held that the charge-sheet filed before it under S. 173 Criminal P.C., was illegal and the entire proceedings are vitiated. He, therefore, passed an order of discharge of the accused under S. 258, Criminal P.C.