SHIVAJI RAI SALONKHE Vs. STATE

JUDGEMENT

(1.) The instant application has been filed on behalf of the petitioners for invoking inherent power under Section 482 of the Code of Criminal Procedure for quashing the order dated 23.7.1998 by which the Court below had taken cognizance for the offence under Section 323, IPC.

(2.) Heard the learned counsel for the petitioners, learned counsel for the O.P. No. 2 as well as learned A.P.P. for the State.

(3.) The learned counsel appearing on behalf of the petitioners at the outset submitted that the Court below had taken cognizance for the offence under Section 313, IPC against the petitioners on 23.7.1998 whereas the occurrence took place as back as on 8.7.1996and as such it is hit by Section 468(2)(b) of the Code of Criminal Procedure itself where the punishment for the offence under Section 323, IPC is only for one year but the cognizance has been taken much after the period of limitation as prescribed under the said section of the Code of Criminal Procedure. Thus, the order of the learned Magistrate dated 23.7.1998 taking cognizance against the petitioners is fit to be set aside.