GURCHARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN view of the conflicting judgments of this Court in Bhimsen vs. State of Rajasthan (1) and Kunj Bihari Lal and Jagdish vs. State of Rajasthan (2), an order was passed on 3. 12. 1993 in S. B. Criminal Misc. Petition No. 114/93 by Hon'ble Mr. Justice A. K. Mathur (as he then was) referring the matter to the larger bench to resolve the controversy as to whether Sec. 67 of the Rajasthan Excise Act shall prevail as against Sec. 468 Cr. P. C. or not.

(2.) THE above criminal misc. petition was listed before a Division Bench of this Court which dismissed the matter on 14. 2. 2001. Thus, the controversy referred by Hon'ble Mr. Justice A. K. Mathur could not be resolved.

(3.) ACCORDING to the petitioner - Gurcharan Singh, a case was foisted against him on 12. 9. 94. The challan of the same was filed in the court at Sri Ganganagar on 11. 9. 95 in absence of the petitioner. The papers were placed before the Additional Chief Judi- cial Magistrate, Sri Karanpur on 5. 12. 95. The learned Magistrate heard the arguments for taking cognizance and he came to the conclusion that the challan has been filed beyond the limitation prescribed by law. He was of the opinion that no cognizance could be taken after one year of the offence and, therefore, on 5. 12. 95, no cognizance could be taken in the matter as the same is beyond the period of limitation. The State Govt. preferred a revision petition which was heard by the Additional Sessions Judge, Sri Karanpur as Criminal Revision Petition no. 45/97. The revisional court by its order dt. 23. 3. 2000 has set aside the order passed by the trial Judge and has come to a conclu- sion that the period of limitation cannot be taken to be one year but it should be considered to be three years and in view of that, he accepted the revision petition and directed the lower court to take cognizance in the matter and proceed further for further proceedings in the matter. The present revision was filed by the petitioner herein.