SH. JASBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been directed for setting aside order dated 24-08-2011 passed by learned Judicial Magistrate 1st Class, Court No. 5, Shimla, in case No. 36-2 of 2011 pending in the Court of learned Judicial Magistrate 1st Class. Court No.5. Shimla.

(2.) The further facts as alleged are that petitioner Nos. 1 and 2 are brothers and petitioner No. 3 is their father. The learned Judicial Magistrate has taken cognizance against the petitioners for commission of offence under Sec. 447 read with Sec. 34 Indian Penal Code on the report submitted by police under Sec. 173, Cr. P.C. The cognizance was taken by learned Magistrate on 24.08.2011. It has been stated that Lekh Raj Dhiman submitted a complaint to police, thereupon police registered an FIR dated 02.12.2010 under Sec. 447 read with Sec. 34, Penal Code.

(3.) It has been alleged that complaint of Lekh Raj Dhiman refers to complaints dated 25.08.2009 and 14.07.2010. It emerges from the complaints of complainant that alleged incident of trespass pertains to the period between 18.01.2009 to 24.01.2009. It has been stated that petitioners have been summoned to face the trial for an offence the cognizance of which could not have been taken by the Court in view of specific bar laid down under Sec. 468 of the Code. The learned Magistrate has acceded the jurisdiction in taking cognizance for offence under Sec. 447 read with Sec. 34 Indian Penal Code when such cognizance had become time barred under Sec. 468 of the Code.