THE EXECUTIVE ENGINEER, PHULBANI ELECTRICAL DIVISION Vs. STATE

JUDGEMENT

(1.) THE Executive Engineer, Phulbani Electrical Division, Phulbani is the Petitioner. The prosecution report was filed by the District Labour Officer and Inspector under the Orissa Shops and Commercial Establishment Act, 1956 (hereinafter called the 'Act') on the ground that the Petitioner failed to submit a statement as required under Section 4 of the Act which is punishable under Section 35 of the Act. Cognizance on the prosecution report was taken on 31 -8 -1974. The accused -Petitioner appeared in the Court of the S.D.J.M., Phulbani and raised the following objections:

(2.) IN this case, according to the prosecution report, the date of occurrence was 1 -12 -1977 and the complaint has been filed on 27 -8 -1979 i.e. more than one year and eight months after the occurrence. Under Section 35 of the Act the offence is only punishable with fine. So the maximum period of limitation for taking cognizance as provided under Section 468(2)(a) of the Code of Criminal Procedure is six months. The learned Magistrate has wrongly held that the provisions of the Code of Criminal Procedure do not apply to this case and that as no period of limitation has been prescribed under the Act, the prosecution report can be filed at any time. As the prosecution has been filed beyond time and no application for extending the time of limitation has been filed in this case, the cognizance taken is to be quashed. In view of the above finding, it is not necessary to decide the other points raised by Mr. Mohanty, learned Counsel for the Petitioner.