PRAPHOOL KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing of proceedings pending against the petitioner in the court of Judicial Magistrate, Sanchore, (Now Addl. Chief Judicial Magistrate), in regular criminal case No. 477/2010 for offence under Section 3(1)(6) Criminal Law Amendment Act, 1961 and against that order dated 01.08.2009 by which cognizance of the offence was taken on complaint.

(2.) It is contended by counsel for the petitioner that in the present case in dispute an agricultural land situated in Village Sanchore within the jurisdiction of Police Station Sanchore was sold by its Khatedar through a registered sale deed in favour of the petitioner on 16.06.2005. The learned Judicial Magistrate took cognizance against the petitioner for the offence under Section 3(1)(6) of the Act of 1961 vide order dated 01.08.2009.

(3.) It is contended by counsel for the petitioner that the offence is punishable with one year of imprisonment and therefore, as per Section 468(b) of Cr.P.C., the complaint was barred by limitation and the court could not have taken cognizance after a period of one year.