S RAMACHANDRA REDDY Vs. P N RAVINDRA REDDY

JUDGEMENT

(1.) The twin questions to which this revision gives rise to are :

(2.) A complaint was filed under the provisions of the A. P. Gram Panchayats Act by the respondent against the petitioner herein alleging that the latter has failed to hand over the entire records of the Gram Panchayat, which constitutes an offence under S. 221(a) of the Gram Panchayats Act. The punishment for this offence as prescribed by S. 221(b) of the Act is only an imposition of fine. The submission of the petitioner is that the offence complained of being one punishable only with fine, the same ought to have been filed within six months as per S.468(2)(a), Cr. P.C., since that is the period of limitation prescribed by it. Inasmuch as the complaint was filed after expiry of six months, the contention advanced on behalf of the petitioner is that the complaint is barred. On the other hand it is argued for the Ist respondent that S. 140 of the A. P. Gram Panchayats Act itself provides that no person shall be tried for any offence under the Act unless the complaint is filed within twelve months and since admittedly the complaint was filed within that period, it is maintainable. It is further submitted that since the A. P. Gram Panchayats Act is a local law prescribing the period of limitation, the limitation prescribed by the Criminal Procedure Code is not applicable to the case on hand.

(3.) The A. P. Gram Panchayats Act, 1964 is a State Legislature and the subject is covered by Item 5 of List II of the 7th Schedule of the Constitution of India, viz. State List. Criminal Procedure Code is covered by Item 2 of List III (Concurrent List). Art. 246 states that the Parliament has got exclusive power to make laws in respect of any matters enumerated in List I (Union List) notwithstanding anything in Cls. (2) and (3) of the said Article. Clause (2) of' Art. 246 empowers the Parliament to make laws in respect of subjects enumerated in List III notwithstanding anything in Cl. (3). C1. (3) of the said Article empowers the State Legislature subject to Cls. (1) and (2) to make laws for such State or for any part thereof in regard to matters covered by List II. The distribution of the subjects is, thus, specifically earmarked prescribing the jurisdiction of the Parliament and the State Legislature. As noted supra, Gram Panchayats Act is one enumerated in List II and enacted by the State Legislature. Criminal Procedure Code is a Central enactment falling under List III. Criminal Procedure Code as also the Gram Panchayats Act, both prescribe the period of limitation the former for the instant matter as '6' months and the latter as '12' months. This, at the first look, gives an impression that the provision (S. 140) prescribing the period of limitation in Gram Panchayats Act is repugnant to S. 468(2)(a), Cr. P.C. But a slight probe into the matter proves it otherwise.