ASHOK KUMAR SINGHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. Petition under Section 482 Cr.P.C. has been filed against the order dated 1.3.2007 passed by Additional Chief Judicial Magistrate No.6, Jaipur City, Jaipur Case No. 73/2007 whereby charge-sheet has been filed against the present petitioner with an application under Section 473 Cr.P.C. for condonation of delay.

(2.) The short facts of the case are that an FIR No. 135/87 was filed in Police Station Shastri Nagar, Jaipur on 16.6.87 under Sections 337, 338 and 304A IPC against the present petitioners and other persons. On 19.2.2007 challan was filed against the present petitioners along with others with an application under Section 473 Cr.P.C. for condonation of delay. The application was objected by the petitioners that the limitation prescribed for the offence is three years from the date of incident and it expires on 16.6.1990 while the challan has been filed after delay of almost 16 and half years. The Public Prosecutor has objected on the ground that time has lapsed due to sending the matter for prosecution sanction but to prosecute the present petitioners no sanction was required and hence the matter is hopelessly barred and abuse of process, the court below has not considered the facts and revision has also been dismissed illegally, hence this petition.

(3.) The only contention of the petitioners is that after delay of 16 and half years cognizance could not have been taken looking to the provisions of Section 468 Cr.P.C. The Public Prosecutor has submitted that the court below was justified in condoning the delay.