SAMEER KUMAR SHARMA Vs. RENU RANGWANI

JUDGEMENT

(1.) THE petitioner has requested to invoke the inherent powers of this Court under Section 482 of Cr.P.C. and requested to quash the order dated 10.07.2012 passed by the 9th Additional Sessions Judge, Gwalior in Criminal Revision No. 217/2012, in which the learned Additional Sessions Judge has reversed the order dated 15.05.2012 passed by JMFC, Gwalior in Criminal Case No. 3472/2008.

(2.) BRIEF facts just necessary for disposal of this petition are that the petitioner filed a private complaint before the JMFC, Gwalior, which is registered as Criminal Case No. 3472/2008 under Sections 294, 323 read with Section 504/34 of IPC against the respondents No. 1 to 6. In this case, cognizance was taken under Section 323 of IPC vide order dated 09.04.2008 and charges against the non -petitioners/accused persons were framed on 14.12.2009. Subsequently, an application was filed by the non -petitioners under Section 468(2) of Cr.P.C. alleging that the complaint is barred by limitation. The said application was decided by the learned JMFC, Gwalior on 15.05.2012 and observed that once the Court has taken cognizance and proceeded ahead for trial, the Court does not have the power to discharge the accused persons on the ground that the complaint is barred by limitation. The non -petitioners challenged the said order before the 9th Additional Sessions Judge, Gwalior in Criminal Revision No. 217/2012, in which the learned 9th Additional Sessions Judge, Gwalior, held that the complaint has been registered under Sections 323 (2 counts) and 323/34 (2 counts) of IPC against the non -petitioners is barred by limitation and discharged the accused persons (non -petitioner).

(3.) IN the written arguments, it is claimed by the petitioner that filing of said application under Section 468(2) of Cr.P.C. after four years is not permissible under law and the non - petitioners No. 1 to 6 have mislead the Court. It is also requested that if this Court is of the opinion that the present petition is not maintainable then the petitioner may be given liberty to file application for conversion of this petition into petition for revision.