RAMESH CHANDER AND OTHERS Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THIS petition has been filed under Section 682(sic) of the Code of Criminal Procedure, 1973 (hereinafter) referred to as the new Code), for quashing proceedings under Section 188, Indian Penal Code, pending against the Petitioners and their co -accused in the Court of the Judicial Magistrate, 1st Class, Chandigarh (Shri B R Gupta). The Petitioners alongwith their nineteen co -accused were arrested under Section 188 Indian Penal Code, on 22nd September, 1973, and the case F.I R. No 808 was registered on that very date against them at the Police Station Central, Chandigarh. The challan on the basis of the complaint dated 9th October, 1975, made by the District Magistrate, Union Territory, Chandigarh, was presented in the Court of the Judicial Magistrate 1st Class, Chandigarh on 22nd October, 1975. The learned Magistrate ordered the accused to be summoned in the case. Since out of nineteen co -accused of the Petitioners, eight are detained under the Maintenance of Internal Security Act and the remaining eleven have not been served as they are not available, the Petitioners are being asked to appear in the Court -

(2.) THE ground on which the above -mentioned proceedings are sought to be quashed is that the prosecution of the Petitioners and their co -accused is barred on account of the provisions of Section 468 of the new Code That section reads as under: -

(3.) I have heard the Learned Counsel for the Petitioners also in this behalf. I doubt if 1 can accept the above argument of the Learned Counsel for the Respondent. Section 484 of the new Code reads as under: -