BIJU BASUMATARY Vs. STATE

JUDGEMENT

(1.) This petition seeks quashing of proceedings in G.R. Case No. 6742/2006 (State Vs. Biju Basumatary) pending in the court of Chief Judicial Magistrate, Kamrup. The charge sheet was filed on the basis of FIR lodged on 9.12.2006 being Chandmari PS Case No. 456/06 under Sec. 323/294/354 Penal Code. Charge sheet was filed on 14.7.2010.

(2.) Case of the prosecution is that on 9.12.2006 in the evening the petitioner who was driver of the complainant pushed his mother and used obscene language against her.

(3.) The court issued the process on 6.11.2010 after perusing the charge sheet. The petitioner applied for dropping of proceedings under Sec. 468 Crimial P.C. on the ground that cognizance was taken beyond the prescribed period of limitation which was three years.