RADHA VALLABH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision is filed by the accused-petitioner Radha Vallabh, against the order dated 15-12-2000 passed by learned Judicial Magistrate, Wair, District Bharatpur, whereby that Court dismissed the application under Section 468, Cr. P.C. filed by this petitioner.

(2.) Brief facts giving rise to this Criminal Revision are as under :-

(3.) In this revision, arguments were heard at admission stage. It is argued on behalf of revisionist that in this matter, occurrence took place on 14th September, 1989 and cognizance was taken on 26th of April, 1993, because on that date the Court decided to issue summons against the accused persons, therefore, in this matter the Court took cognizance after expiry of limitation, which was barred under Section 468, Cr. P.C. In support of his arguments, learned counsel for the petitioner has placed reliance on Mohd. Sadiq v. State of Rajasthan, reported in 1996 WLC (Raj) UC 691, wherein my brother Justice Dalela (the then) has referred the judgment of Hon. Supreme Court passed in Antulay v. R. S. Nayak, reported in AIR 1984 SC 718 : (1984 Cri LJ 647). Learned counsel for the petitioner has also referred this Authority of Hon. Supreme Court I have also gone through this Authority. This authority is not directly on the point on S.468, Cr. P.C. In Antulay's case (supra) Hon. Supreme Court held as under :-