KRISHNA SANGHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Criminal Cases Nos. 685, 686, 687 and 688 of 1974 (Krishna Sanghi and Ors. v. The State of M. P. ).

(2.) THESE five petitions have been filed by the five accused persons in five separate cases pending against them in the Court of Chief Judicial Magistrate, Durg, for quashing the proceedings.

(3.) FIVE criminal cases which were registered against the accused persons before the Chief Judicial Magistrate, Durg, are Criminal Cases Nos. 6228, 6229, 6230, 6231 and 6232 of 1974. Proceedings in all these five cases have been initiated against the accused persons on a complaint filed by the State Scooter Controller, Madhya Pradesh under Sections 24 and 24-A of the Industries (Development end Regulation) Act, 1951 (Act LXV of 1951) read with Clauses 5 (1) and 10 of the Scooter (Distribution and Sale) Control Order, 1960. The trial Court took cognizance of the five complaints on 20-6-1974 on which date they were filed and ordered that the accused persons be summoned. Thereafter, on 1-8-1974 an application was moved on behalf of the accused persons under Section 468 (2) of the Code of Criminal Procedure, 1973, raising an objection that the trial Court could not take cognizance of the alleged offence after the lapse of the period of limitation, which in the present case was one year. The date of the alleged offence is 17-9-1971 while the complaints were filed on 20-61974, much beyond the period of limitation. On that application the Court fixed 22-8-1974 as the date for arguments. In the meanwhile the accused persons filed the present petitions in this Court which were admitted and further proceedings before the trial Court were stayed.