STATE OF MAHARASHTRA Vs. P D PUJARI

JUDGEMENT

(1.) Question of some significance as indeed also of wide spread application in the administration of criminal law arises in this appeal by the State against the order of acquittal dated 30th September, 1976 passed by the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivli, Bombay in Case No. 2942/T/1976, the said question being : What is the starting point of the period of limitation within the meaning of section 469 of the Code of Criminal Procedure, 1973 in respect of offences falling within sub-section (2) of section 468 of the said Code?

(2.) The prosecution case, briefly, has been that on 5th September, 1975 at about 9.50 a.m. one Gangaram Ganpat Moprekar, Head Constables, Traffic Control Branch, Greater Bombay Police, noticed, while on duty at Swami Vivekanand Road, Goregaon a B.E.S.T. bus bearing No. MRR 945 taking a turn on the said road and proceedings south towards Jogeshwari. The bus halted at the stop of route No. 262 on the said road, but at a distance of three feet from edge of the curb instead of two feet as required by Rule 4(2) of the Rules framed by the Commissioner of Police, Bombay, under section 33 of the Bombay Police Act. The said Head Constable noted the bus number and reported the aforesaid breach of the rule to his superiors. However, as the drivers identity was not known, the police made a reference to the Bombay Electric Supply and Transport Undertaking for particulars of the driver in question. The said Undertaking by its letter dated 21st November, 1975, furnished the particulars.

(3.) The Assistant Inspector of Police thereupon filed on 18th March, 1976 in the Court of the Metropolitan Magistrate, 24th Court, Borivli, Bombay, a complaint, registered as Case No. 2942/T of 1976, against the concerned driver P.D. Pujari the accused herein for contravention of the aforestated rule. Charge was framed against the accused but the same was denied by him. Evidence was recorded. The learned Magistrate without touching the merits, acquitted the accused holding that the complaint filed on 18th March, 1976 for offence committed on 5th September, 1975 was beyond six months of the offence and consequently barred by limitation. Hence this appeal by the State.