ALAVI O R Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioner herein is accused No.1 in C.C. No.126/1995 pending on the file of Judicial Magistrate Of First Class, Huzurnagar, Nalgonda. He along with A-2 was initially prosecuted for offences punishable under Sections 408, 467 and 420 I.P.C. The offences are alleged to have been committed in between 9-6-1990 and 3-8-1990. Charge- sheet was filed on 29-1-1995.

(2.) Before taking cognizance of the offences in question, accused persons filed a Crl.M.P. No.2267/1995 for discharging them under Section 239 Cr.P.C. The matter was heard by the learned Judge on merits and he came to the conclusion that by reading the averments made in the charge- sheet, no offence punishable under Sections 467, 420 and 408 I.P.C. was disclosed. However, the learned Judge held that the facts on record would reveal that the accused persons were liable to be punished for offences punishable under Sections 403 and 406 I.P..C. The learned Judge discharged the accused of the offences punishable under Sections 467, 420 and 408 I.P.C. and took cognizance of the offences punishable under Sections 403 and 406 I.P.C.

(3.) The present petition is filed by A-l raising contention that the charge-sheet was filed on 29-1-1995. The maximum punishment provided under Section 403 I.P.C. is two years and under Section 406 is three years. Therefore, cognizance of the offences under these sections was taken beyond the period of limitation. Hence, the C.C. has to be quashed on the ground of limitation under Section 468 Cr.P.C.