KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Criminal of Procedure Code (for short, "the Code") for quashing FIR No. 183 dated 22.6.1999 registered under Sections 498-A/406/323/506 IPC at Police Station Samalkha, District Panipat and the charge-sheet dated 24.11.1999.

(2.) AT the hearing learned counsel for the petitioner conceded that framing of charge is a revisable order and against that revision lies under the Code. When an alternative remedy is available under the Code, the petition under Section 482 Cr.PC is not maintainable. Reliance can be placed upon Balabhadra Dash and another v. State of Orissa and others, 1991 Crl.L.J. 2457 in which his Lordship has held as under :-

(3.) THIS petition cannot be entertained on another score also. The FIR was lodged on 26.6.1999. After the investigation the report under Section 173 Cr.P.C. presented before the Ilaqa Magistrate and the learned trial court after perusing the documents prima-facie found the case against the petitioner and the charge was framed on 24.11.1999. The petitioner has not filed any revision against the order of charge sheet. The petitioner has filed this petition after the expiry of more than two years. No doubt, for filing a petition under Section 482 Cr.P.C., no limitation has been prescribed but it does not mean that a party can file a petition under Section 482 Cr.P.C. whenever it likes. However, a petition should have been filed with in a reasonable period. The period of 90 days which is at par with a revision should be treated as reasonable and if any petition under Section 482 Cr.P.C. is filed beyond the period of 90 days, the petitioner should explain the cause of delay.