NAWAZ HUSSAIN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) WITH the help of this application made under Section 482 Cr.P.C., the accused-petitioner has put to challenge the order, dated 20-12-2007, passed, in GR Case No. 3648 of 2005, by the Judicial Magistrate, Kamrup, Guwahati, directing issuance of process against the accused-petitioner and also the order, dated 11-04-2008, passed in the said case, whereby the learned Judicial Magistrate, Kamrup, Guwahati, has declined to close the proceeding on the accused- petitioner's petition, wherein the accused-petitioner had contended that taking of cognizance, in the light of the provisions of Section 468 Cr.P.C., stood barred, because of the fact that a period of more than one year had already elapsed since the date of the alleged occurrence.

(2.) IN the case at hand, as the record reveals, the process was directed to be issued by order, dated 20-12-2007. The record also reveals that a First INformation Report (in short, `FIR') was lodged at Hatigaon Outpost, on 29-07-2005, by one Prakash Kr. Saikia alleging, inter alia, that on 28-05-2005, at about 8:30 PM, when the informant's younger brother, Dipankar Saikia, was returning home, he was restrained, on the way, by the persons named in the FIR, namely, Sankar, Gautam, Nirish and Rahul and, then, they assaulted him and fled away by taking a gold chain from the neck of the injured and also a sum of Rs. 1,000/-, in cash. Based on the said FIR, Dispur Police Station Case No. 914 of 2005, under Section 341/325/379/34 IPC, was registered and, on completion of investigation, police laid charge- sheet, under Section 341/323/34 IPC, against two of the accused persons named in the FIR including the present petitioner.

(3.) IN the case at hand, since the offence, under Section 379 IPC, is punishable by imprisonment for a terms of three years, the period of limitation for the purpose of taking of cognizance would be, in terms of Section 468(2)(c) Cr.P.C, three years.