SURAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS application has been filed to recall the order dated 30.7.1999.

(2.) IN view of the specific provision contained in section 362 Cr.P.C. this Court cannot review/recall/modify the order already passed. Section 482 Cr.P.C. cannot be pressed into service for modifying the order as held by the Supreme Court in Smt. Sooray Devi v. Pyare Lal and others, 1981 SCC 736. Further even on merits I do not find any grounds to modify the order. The application has been filed only for quashing the FIR No. 21 registered under Section 406/498-A IPC and under Section 3/4 of the Dowry Act. According to the learned counsel for the petitioner the offence under section 4f98A is alleged to have been committed in the year 1994 whereas the FIR was lodged in the year 1997. According to him since the FIR was lodged beyond 3 years it is barred by time. Section 468 Cr.P.C. only bars the Court from taking cognizance of the offences after the expiry of the period provided thereunder but it does not bar the investigation to take place. Further under section 8A of the Dowry Act as amended in the Punjab the bar applies to the Court from taking cognizance. It does not apply for the investigation. Where the Court can take cognizance of the offences is a matter to be decided by the trial Court as held by the Supreme Court in Arun Vays v. Anita Vyas, 1999(4) SCC 691. The provisions of sections 472 and 473 have to be liberally applied in case of matrimonial disputes. Therefore it is for the trial Court before whom challan has been presented to decide whether the provisions of Section 473 Cr.P.C. can be applied. In an application filed to quash the FIR these matters cannot be gone into. Learned counsel for the petitioner seeks exemption of personal appearance of the petitioner on the ground that some of the accused persons are aged and women. It is always open to the petitioner to file an application before the trial Court to grant personal exemption from appearing in the Court and it such an application is filed the learned Magistrate will consider the same on its own merits and pass a speaking order. This is petition is accordingly disposed of.