CHANDMAL TAK Vs. STATE OF RAJASHTHAN

JUDGEMENT

(1.) THIS criminal revision petition is directed against the judgment dated 11-10-2006 passed by Sessions Judge, ajmer in criminal revision petition No. 195/2006 whereby the order dated 13-7-2006 of judicial Magistrate No. 4, Ajmer in criminal case No. 453/1999 taking cognizance of the offence under Section 447, IPC against the respondent No. 2 on an application filed under Section 319, Cr. P. C. has been set aside.

(2.) HEARD learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the respondent No. 2.

(3.) LEARNED Sessions Judge, Ajmer has held that cognizance of the offence under section 447, IPC can be taken within a period of one year as laid down in Section 468 (2) (b) Cr. P. C. whereas the Magistrate on an application under Section 319, Cr. P. C. took cognizance by order dated 13-7-2006 of the offence under Section 447, IPC committed on 4-2-1999 and, therefore, the order of the Magistrate is not in accordance with law.