MONORANJAN SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. M. Choudhury, learned Sr. Counsel appearing for the petitioner and Mr. D. K. Bhattacharyya, learned Sr. Advocate appearing for the private respondent and Mr. F.H. Laskar, learned Public Prosecutor, Assam.

(2.) The petitioner before us, Manoranjan Sarma, has been prosecuted by the Court of the S.D.J.M. (S) North Lakhimpur in G.R. Case No. 739/2002 for commission of the offence punishable under Section 7(2) of the Representation of the Peoples Act, 1951 on the allegation that being a Govt. servant the petitioner accused, Manoranjan Sarma, has acted as a Counting Agent to a candidate in the election of 109 Bihpuria Legislative Assembly constituency of the Assam Legislative Assembly. The quashing of the complaint has been sought on the ground that the cognizance of the case has been taken beyond the period of limitation.

(3.) The offence under Section 134(a) is punishable with imprisonment which may extend to 3 months or with fine or with both. Under Section 468 Cr. P.C., the period of limitation provided is one year. The date of offence, as alleged in the complaint petition, is 13.5.2001 and the order of G.R. Case No. 739/2002 shows that cognizance was taken by the Court below on 26.11.2002. Thus, admittedly the cognizance of the offence was taken beyond the period of one year.