RAJENDRA KUMAR Vs. STATE OF RAJ

JUDGEMENT

(1.) After investigation into the FIR No. 247/2008 of Police Station, Mandal District Bhilwara, a final report was submitted by police and protest petition was lodged before the trial court by complainant petition Rajendra Kumar and the trial court took cognizance against accused non-petitioners Nos. 2 to 11 under Sections 143, 447 and 427 IPC in Cr. Case No. 311/2012. Against the order dated 27.7.2012 of Judicial Magistrate, Mandal, a criminal revision No. 378/2012 was filed by all the ten accused persons which was decided on 18.1.2013 by the Sessions Judge, Bhilwara and without giving an opportunity of hearing to the complainant Rajendra Kumar, the Sessions Judge, Bhilwara by his order dated 18.1.2013 gave the benefit of Section 468 Cr.P.C. to accused persons and cognizance order against all the ten accused persons was set aside by the Sessions Judge, Bhilwara. Against the order dated 18.1.2013 of the Sessions Judge, Bhilwara, complainant Rajendra Kumar has filed this criminal revision petition before us. After hearing both the parties, and after perusal of judgment of Hon'ble Supreme Court in Japani Sahu vs. Chandra Shekhar Mohanti, 2007 7 SCC 394, and Bharat Damodar Kale vs. State of U.P., 2004 CrLR 51, it can be said that for the purpose of computing the period of limitation, the relevant date must be considered as the date of filing of the complaint or initiating the criminal proceedings and not the date of taking cognizance by the Magistrate or issuance of process by a court.

(2.) In the case in hand, complaint was filed by Rajendra Kumar before the court of Judicial Magistrate, Mandal on 16.10.2008, in this complaint incident was mentioned to have occurred on 7.8.2008. Apparently, the complaint was perfectly within limitation as per the law settled by Hon'ble Supreme Court long back in the year 2004. Thus, the order of Sh. Ram Singh Meena, Sessions Judge, Bhilwara is perfectly against the settled law. Accordingly, the order dated 18.1.2013 of Sessions Judge, Bhilwara passed in Cr. Revision No. 378/2012 is hereby set aside and the order dated 27.7.2012 passed by Indu Ujjwal, Judicial Magistrate, Mandal in Criminal Regular Case No. 311/12 is hereby restored and complainant as well as accused non-petitioners No. 2 to 11 are hereby directed to appear to face the trial in the court of Judicial Magistrate, Mandal on 23.8.2013 on the charges of Sections 143, 447 and 427 IPC.

(3.) The revision petition stands disposed of accordingly. A copy of this order be sent to both the courts below by speed post. A copy of this order be sent to all the subordinate courts in Rajasthan.