NIRMAL SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) NIRMAL Singh, petitioner by means of this criminal miscellaneous under section 482, Cr.P.C. seeks the quashing of the order of the learned Additional Sessions Judge, Ferozepur dated 20.4.91, Annexure P4 whereby he allowed the revision against the order of the Chief Judicial Magistrate dated 21.12.1990, calling the petitioners as accused, mentioned in column No. 2 of the report under section 173, Cr.PC as time barred.

(2.) A report under section 173, Cr.P.C. was filed in the Court of the leaned Magistrate, wherein Balwant Singh, Atma Singh, Mukhtiar Singh, Swaran Kaur. Paramjit Kaur alias Pammi and Mini, respondents herein were shown as innocent and entered in column No. 2. Charges under sections 324, 323, 148 and 149, IPC were framed against Avtar Singh and 5 others against whom the report had been filed. While the case was at the stage of evidence, an application was moved by the prosecution for summoning of the persons named in column No. 2 and the same was allowed by the learned Magistrate vide order dated 2.11.1988. Revision preferred against that order was allowed by the learned Additional Sessions Judge, vide order dated 9.1.1989 for the reasons that the statements of the witnesses on which reliance had been placed had yet to be cross-examined. After the evidence of Nirmal Singh petitioner and Smt. Jagir Kaur was completed, another application was filed for summoning of the persons mentioned in column No. 2. The learned Chief Judicial Magistrate on 1.12.1990 ordered the summoning of 3 persons, namely Atma Singh, Mini and Paramjit Kaur alias Pammi, petitioners-2, 6 and 5. These three petitioners went in revision against the summoning order which was heard by Shri Gurdev Singh, Additional Sessions Judge, who vide the impugned order, set aside the summoning order of the learned Magistrate, on the basis that their trial was barred under section 468 (2) (c) Cr.P.C., as qua them cognizance was be taken after the expirty of the period of limitation.

(3.) SECTION 468. Bar to taking cognizance after lapse of the period of limitation.