SRINIVAS GOPAL Vs. UNION TERRITORY OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing the charges framed by the Magistrate 1st Class, Bomdila against the petitioner under sections 279, 304-A and 338, I.P.C. and the order passed on 14 July, 1986 for framing the charges in G.R. Cases No. 16 of 1976.

(2.) The Officer-in-charge, Investigation Cell, Kameng District, Bomdila, on 22nd November, 1976 registered a case under sections 279, 304-A and 338, I.P.C. against the petitioner. The Investigation was completed on 8th September, 1977 and it was forwarded to the Magistrate empowered to take cognizance of the offence. On 31st March, 1986 the Deputy Commissioner passed the following order: Records perused. Issue summons to the accused to appear at Kameng on 9-5-86. Thereafter the case was transferred to the Magistrate 1st Class, Bomdila. On 14th July, 1986 the Magistrate passed the impugned order for framing charges and framed charges against the petitioner under sections 279, 304-A and 338, I.P.C.; hence this petition.

(3.) Mr. J.M. Choudhury, the learned counsel for the petitioner, has submitted that the learned Magistrate had no jurisdiction to take cognizance of the offences after the lapse of the period of limitation, as provided under section 468 of the Code.