LAWS(P&H)-1981-5-30

STATE OF PUNJAB Vs. B.D. SONI

Decided On May 14, 1981
STATE OF PUNJAB Appellant
V/S
B.D. Soni Respondents

JUDGEMENT

(1.) This is a revision petition by the State of Punjab against the judgment and order of the Sessions Judge, Ferozpore, whereby the trial against the accused -respondent, pending before the trial Magistrate, was ordered to be closed being barred by limitation.

(2.) The patent facts are these : - -

(3.) The application was resisted by the State successfully before the trial Magistrate. Repelling the contention of the accused -respondent, the trial Magistrate took shelter under the provisions of Sec. 473 of the Code of Criminal Procedure. The prayer of the accused respondent to be acquitted on the ground of limitation was declined. In so many words, the trial Magistrate extended the period of limitation employing the provisions of Sec. 473 of the Code of Criminal Procedure, so that justice could be done according to the law of the land