MANGU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition is directed against the order dated 12/06/1990, passed by the Munsif and Judicial Magistrate, Nawa, by which the learned Magistrate took cognizance against the accused petitioners for the offences under Ss. 384 and 342, I.P.C.

(2.) On Sept. 25, 1986, an F.I.R. was lodged at Police Station, Maroth, and a case under Sections 384 and 342, I.P.C. was registered against the accused-petitioners. The police, after necessary investigation, presented the Final Report, but the learned Magistrate did not accept the Final Report and took cognizance against the petitioners for the offences under Sections 384 and 342, I.P.C. by its order dated 12/06/1990.

(3.) As the limitation for taking the cognizance under Sections 384 and 342, I.P.C. had already expired, therefore, the complainant filed an application for condoning the delay and the learned Magistrate condoned the delay, and extended the period of limitation under Section 473, Cr. P.C. and took the cognizance against the accused petitioners for the offences under Sections 384 and 342, I.P.C.