S K MALHOTRA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These are petitions presented under Section 482 Cr.P.C. seeking to invoke the inherent powers of this Court to quash the Criminal Proceedings in S.P.E.C. Nos. 10 and 11 of 1975 on the file of the Court of the Vth Metropolitan Magistrate, Hyderabad. The principal and the only ground on which the prayer in these petitions is founded is that the prosecution launched against the accused in these cases is barred by limitation prescribed under Section 468 Cr.P.C. 1973.

(2.) The facts in both the cases are identical. Therefore, it is sufficient to state the facts in Crl.M.P. No. 2577 of 1976 for proper and full appreciaton of the problem posed for decision.

(3.) The accused, S. K. Maihotra, made an application for the allotment of Vespa Scooter on 30-6-1966 and again on 8-9-1966 he made an application for the allotment of a three-wheeler Vespa Scooter. On 18-11-1966 a three wheeler Vespa Scooter was allotted to the Accused. He took delivery of the same on 22-2-1969 and got it registered in Hyderabad. On 13-3-1969 a Vespa Scooter was also allotted to him. He obtained the delivery of the same on 20-5-1969 and got it registered as A. D. Y. 1851 suppressing deliberately his earlier purchase of a three-wheeler scooter on 22-2-1969. It is alleged that the accused thereby violated section 24(1) of the Industries (Development and Regulations) Act, 1951 read with clause (8) of Scooter (Distribution and Sale) Control Order, 1960.