SATYA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal miscellaneous petition filed under Sec. 482, Crimial P.C. the petitioner is challenging FIR No.337/2002, filed against the petitioner at Police Station Tibi (District Hanumangarh).

(2.) As per facts of the case, a complaint was filed before the Judl. Magistrate, Tibi under Sec. 156 (3), Crimial P.C. by Bhadar Singh s/o Kesuram, Manager, Gram Seva Sahakari Samiti, Kulchandra against the petitioner for allegedly committing offence under Sec. 408, I.P.C. Following allegations were levelled against the petitioner :

(3.) To challenge the above FIR, learned counsel for the petitioner raised two grounds with regard to delay of 12 years in filing the complaint, so also, the ground that FIR cannot be filed on the basis of audit report conducted under Sec. 74 of the Rajasthan Co-operative Societies Act, 1965. According to the petitioner, the allegations are related to the year 1988-89 and said complaint was filed on 02.11.2002 with regard to embezzlement and irregularities against the petitioner.