HANSA BEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under sec. 482 CrPC is filed by the petitioners for quashing of the proceedings in Cr. Regular Case No.499/2012 pending before the Court of Judicial Magistrate, Chouhtan, District Barmer for the offence punishable under sec. 3(3)(6) of Criminal Law Amendment Act, 1961 (hereinafter to be referred as 'the Act of 1961').

(2.) Learned counsel for the petitioners has argued that the complaint filed by SDO, Gudamalani, District Barmer against the petitioners regarding the aforesaid offence is ambiguous. It is contended by learned counsel for the petitioners that the said complaint is not maintainable as it is time barred because the alleged offence is said to have been committed on 5/7/2004 whereas the complaint thereof was filed on 19/1/2008.

(3.) It is submitted that maximum punishment for the offence under sec. 3(3)(6) of the Act of 1961 is one year but the complaint was filed after about 4 years of the alleged incident and, therefore, the trial court erred in taking cognizance against the petitioners on a time barred complaint.