BHANWAR LAL Vs. STATE

JUDGEMENT

(1.) BY this petition under section 482, Cr. P. C, the petitioner prays that the cognizance taken against him by the Munsif and Judicial Magistrate Phalodi, for the offences under sections 337 and 279, I. P. C. may be quashed. It is urged that the occurrence took place on February 6,1985, whereas the cognizance was taken on May 15, 1986. This was obviously beyond limitation as the offences under sections 337 and 279, I. P. C are punishable with a sentence of six months' rigorous imprisonment for which the period of limitation is one year, as per the provisions of section 468, Cr. P. C.

(2.) LEARNED counsel further submits that the learned Judicial Magistrate was not competent to condone the delay or extend the period of limitation subsequent to the taking of cognizance and, therefore, the order dated August 2, 1988, passed by the learned Magistrate, extending the time of limitation, was without jurisdiction and illegal. LEARNED counsel has, in this connection, relied on the judgment of this Court in Panney Singh Vs. The State of Rajasthan (1) and Dr. Dalpat Singh Bhandari Versus the State of Rajasthan (2 ).