VIJAY KR. AGARWALLA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS revision petition arises from the order dated 10.2.1984 passed by the learned Judicial Magistrate, Gauhati, in Case No. 2169 of 1982.

(2.) ON the basis of the ejahar dated 29.5.1982 the police investigated the case and submitted chargesheet on 18.8.1983 under Sections 352 and 448, IPC. Upon the receipt of the police reports, the learned Magistrate took cognizance of offence under Sections 352 and 448, IPC. Thereafter, the accused filed an application to quash the proceedings as the cognizance was taken by the learned Magistrate after the expiry of the period of limitation prescribed under Section 46 Code of Criminal Procedure. Then the prosecution also filed an application under Section 473, Code of Criminal Procedure for condonation of delay. After hearing the parties, the learned Magistrate passed the impugned order dated 10.2.1984 condoning the delay hence this petitions to the Court.

(3.) SECTION 468 of the Code provides that except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence after the expiry of the period of limitation. Limitation for the offence punishable under Sections 448 and 352 is one year and the period of limitation shall commence from 29.5.1982. This is not disputed by the parties.