APPU RAMANI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case came up before this Bench on a reference made by our learned brother A. Gopal Rao, J., on the controversy as to whether the date of filing of the complaint/charge-sheet in Court has to be taken into account for the purpose of reckoning the period of limitation or whether the date on which cognizance was taken by the Magistrate has to be taken into account for the purpose of reckoning the period of limitation.

(2.) The petitioners-accused were prosecuted for an offence under Rule 3 of the A. P. Sandal Wood and Red Sanders Wood Transit Rules 1969 read with Section 29(2)(b) of the Andhra Pradesh Forest Act, 1967 and they were convicted under section 29(4)(a)(1) of the Andhra Pradesh Forest Act, 1967 and sentenced to suffer R.I. for six months each, by the Judicial First Class Magistrate, Piler, in Calendar Case No. 33 of 1988, by his judgment dated 20-2-1990. On appeal, the same was confirmed by the learned Sessions Judge, Chittoor, in Criminal Appeal No. 35 of 1990, by his judgment dated 12-11-1991. Having been aggrieved by the said judgment of the learned Sessions Judge, Chittoor, the present revision is filed by the petitioners-accused.

(3.) The main and the lonely contention raised by Sri. P. Gangaiah Naidu, learned counsel appearing for the petitioners is that the offence, alleged to have been committed by the petitioners-accused, is barred by limitation.