STATE OF HIMACHAL PRADESH Vs. PARKASH SHANKAR

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Kangra at Dharamsala, dt.26th Aug., 1980, whereby the respondent has been acquitted on the short ground that the cognizance of the offences alleged against the respondent could not be taken as the period of limitation as prescribed under S.468, Cr.P.C., had expired.

(2.) A few facts relevant to decide this appeal may be stated. Originally, the respondent was challaned along with four others on 15/17-10-1970 for the offences alleged under Ss.212, 420, I.P.C., read with S.61 of the Punjab Excise Act, as applicable to Himachal Pradesh. The proceedings against the respondent were, however, ultimately ordered to be dropped in Criminal Revision No.3 of 1973 on 11-9-1975, by a learned single Judge of this Court for want of sanction to prosecute the respondent, under S.197 of the Criminal P.C.

(3.) The prosecution had moved an application for obtaining the necessary sanction to prosecute the respondent on 25-2-1975. The sanction was accorded by the competent authority on May 30, 1975. After the sanction was obtained by the prosecution, a fresh challan was filed against the respondent in the Court of Magistrate 1st Class at Kangra on 31-8-1976. This challan was filed only against the respondent and offences under Ss.212 and 418, I.P.C., were alleged against him. The learned Magistrate found the respondent guilty for the offence under S.418, I.P.C., and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-. The respondent preferred an appeal before the learned Sessions Judge and the Additional Sessions Judge, after hearing the parties, set aside the judgment of the trial Court and acquitted the respondent on the solitary ground that the Court could not take cognizance of the case as the same was beyond the period of limitation, as prescribed under S.468, Cr.P.C.