RAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Crl. Misc. petition filed by Rakha Singh petitioner whereby he seeks the quashing of FIR Annexure P-1, dated 13.10.1991 registered at P.S. Sadar Kotkapura against him. He has also prayed for the quashing of the charge Annexure P-2 dated 7.3.1996 framed against him by Judicial Magistrate Ist Class, Faridkot. It has been averred by the petitioner that case FIR No. 64 was registered against him under Section 336 IPC on 13.10.1991 on the statement of one Baldev Singh s/o Arjan Singh of village Sibian. Case was investigated. On investigation, it was found that no offence was made out against him. S.H.O. P.S. Sadar Kotkapura was directed to submit cancellation report to the court of the Magistrate by SP(Hq) who went through the investigation made by DSP(D) Harbhagwan Singh. Cancellation report was submitted on 23.2.1992. Magistrate did not agree with the cancellation report and directed and the case to be reinvestigated. After the case was reinvestigated, challan was put in on 13.3.1995. It is averred by Rakha Singh petitioner that the cognizance of the offence under Section 336 IPC by the Magistrate was barred in view of the provisions of Section 468 Cr.P.C. which lays down that the offence which is punishable with imprisonment for a period less than one year, cognizance can be taken within one year of the commission of the offence. This prayer made by Rakha Singh had been opposed by the State of Punjab. Sector 468 Cr.P.C. reads as follows :-

(2.) IT is thus clear that there is one year limitation for the cognizance of the offence if the same is punishable with imprisonment for a period less than one year. Offence under section 336 IPC is punishable with three months imprisonment or fine of Rs. 250/- only. It is thus clear that the cognizance of this offence could be taken within one year of the date of its commission i.e. 13.10.91.

(3.) ACT of taking cognizance is a judicial act and for taking cognizance of offence, Magistrate should take notice judiciously of the facts of the case and should apply his mind to see that he wanted to proceed further in the case. Directing an investigating officer to submit a charge sheet is not a judicial order. Order taking cognizance of case should be express and speaking order.