RAM MURTI Vs. MADAN GOPAL

JUDGEMENT

(1.) THE prayer in this petition is for quashing of the criminal complaint (Annexure P-1) which has been filed by the respondent against the petitioners under Sections 500/504/342/211/34 IPC read with Section 357-B Cr.PC as well as the order dated 17.3.1997 (Annexure P-2) whereby the petitioners have been summoned to face trial under Sections 500/504/ 342 OPC.

(2.) NOTICE of motion was issued and pursuant thereto, the respondent put in appearance. However, no reply has been filed so far though last opportunity to file reply was granted on 19.8.2004 and the case was adjourned to 10.9.2004.

(3.) AS pointed out earlier, the alleged incident which led to filing of the impugned complaint, took place on 11.8.1988 whereas the complaint has been filed on 3.2.1995, i.e., much beyond the prescribed period of limitation. Despite grant of more than one opportunities by this Court, the respondent has failed to explain as to how the learned trial Court could take cognizance of the impugned complaint despite the same having been filed beyond the prescribed period of limitation.