JITENDRA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') has come up for admission. It is directed against the order dated 8.5.2002 passed by the learned Chief Judicial Magistrate, Gaya in Protest/Complaint Petition No. 108/97 whereby and whereunder cognizance was taken against the petitioners under Sections 447 and 504 of the Indian Penal Code.

(2.) FROM the facts stated in this petition it appears that opposite party No. 2 submitted a written report before Chandauli police station in the district of Gaya on the basis of which Chandauli P.S. Case No. 169 of 1996 dated 25.10.1996 was instituted against the present petitioners. The police after completing investigations submitted final report false dated 30.11.1996 before the Court of Chief Judicial Magistrate, Gaya which was accepted by him on 4.2.1997. In the meantime of 21.11.1996, opposite party No. 2 filed a protest petition-cum-complaint petition before the Court. The complainant (opposite party No. 2) was examined on solemn affirmation and in the course of inquiry under Section 202 of the Code three witnesses were examined. On the conclusion of this inquiry the learned Chief Judicial Magistrate, by the impugned order took cognizance of the offences as stated above.

(3.) THE parties have been heard at length on various questions of law raised on their behalf. On behalf of the petitioners it has been submitted that taking of cognizance of the offence in this case is hopelessly barred by limitation and therefore, the entire proceedings against them be quashed. On behalf of the opposite party this contention of the petitioners is seriously challenged. Before, however, I take up for consideration the various submissions made on behalf of the parties on this point I will briefly refer to the facts of this case and the provisions of law on this point as contained in various sections of the Code.