NIJRAM Vs. STATE

JUDGEMENT

(1.) '' The applicant has filed the petition under Section 482 of the Cr. P.C. against the order dated 4.1.2002 passed in Criminal Revision No. 408/ 2001 by XVIIIth learned Additional Sessions Judge, Indore setting aside the order dated 15.5.2001 in Criminal Case No. 2470 of 1999 by the learned JMFC, Indore.

(2.) THE prosecution case is that on 15.9.1996 complainant Ramswaroop Shrivastava has made the written complaint in Police Station Rajendra Nagar against the petitioner of negligence in treatment of his daughter Smt. Rashmi Saxena in T. Choithram Hospital and the police has registered the case on 13.3.1997 under Sections 337/34 of the IPC. After the investigation, the police have filed the complaint on 30.9.1997 before the Trial Court for offence punishable under Sections 337/34. The learned Trial Court has explained the particular offence against the petitioner on 15.5.2001 for offence punishable under Sections 337/34 of the IPC.

(3.) THIS fact is not in dispute that the complaint by the police was filed against the petitioner after the required period of limitation of one year. The learned Additional Sessions Judge has also held in impugned order that the complaint before JMFC is filed beyond the period of limitation. The application for the condonation of delay is not made before the Trial Court and the respondent has not assigned the reasons of not filing the complaint in the prescribed period of limitation.