CHANDAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under section 482 of Cr.P.C. is directed against the order passed by learned Sessions Judge, Mandsaur, District - Mandsaur in CRR No.114/2014 dated 13.01.2015 which was in its turn, directed against the order passed by learned Chief Judicial Magistrate, Mandsaur, District ­ Mandsaur in Criminal Case No.2045/2014 dated 09.07.2014 by which, learned Chief Judicial Magistrate took cognizance under section 34(2) of MP Excise Act against the present applicants.

(2.) The short point involved in this case is whether, before filing of charge -sheet before the Chief Judicial Magistrate, Mandsaur, the prosecution complied with the provisions of section 61(2) of MP Excise Act and the Criminal Procedure Code.

(3.) Section 61(2) of MP Excise Act prescribed that without sanction of the State Government, no Judicial Magistrate shall take cognizance of any offence punishable under this Act, or any rule or order thereunder, unless the prosecution is instituted within six months from the date on which the offence is alleged to have been committed.