ROMA KANTA SEAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel for both sides.

(2.) This criminal revision is directed against the order dated 17.5.2001 passed by the Judicial Magistrate, 1 st Class, Silchar in G.R. Case No. 1957/1996 whereby the application filed by the accused persons for quashing the proceeding as barred by limitation u/s 468, Cr.P.C. was rejected.

(3.) The case of the prosecution is that in GR Case No. 1957/1996 u/s 498(A)/384/ 109/34, IPC police made investigation and submitted charge sheet against the petitioner accused persons and thereafter on 18.9.98 the learned Chief Judicial Magistrate made over the case to the Judicial Magistrate for disposal in accordance with law. While the case was pending before the trial Magistrate, the accused persons on 17.5.2001 filed an application stating that the com! had no power to take cognizance of the offence as it is barred by limitation as provided u/s 468(2Xc), Cr.P.C. The learned Magistrate held that the case was made over to him on 18.9.98 and the learned Chief Judicial Magistrate had taken cognizance of the offence when it was within time and not barred by limitation. Learned counsel for the petitioner submits that cognizance of the case was taken by the court at a later date, that is on 7.2.2001 only when process was issued by the court. As the petition for quashing the complaint on the ground of limitation was rejected, the petitioners have filed the present application.