CHAMPA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Both of them agree that the main petition may be disposed of today.

(2.) This petition under Section 482 Cr. P.C. is directed against the order dated 6th October. 1995 passed by the learned Additional Sessions Judge. Bali in Criminal Revision No. 18/95 Toclchand & Ors. v. State of Raj., whereby the learned Additional Sessions Judge partly rejected the criminal petition and directed that the trial of the accused petitioners for the offences under Section 448 IPC may be continued according to law. The proceedings initiated by the lOYler court against Tolchand, Banshi Lal, Nenmal in respect of offences under Sections 147. 452 and 323 were completely quashed. The proceedings initiated against the present petitioner Champa Lal and Dinesh in respect of offences under Sections 147, 452 and 323 IPC were quashed, but the proceedings in respect of offences under Section 448 IPC were directed to be continued.

(3.) The main submission made by the learned counsel for the petitioner is that the cognizance of the offences punishable under Section 448 IPC was barred by Section 468(2)(b) Cr. P.C., in as much as the alleged offence was committed on 4th July. 1992 and the cognizance of the offence was taken on 17-9-1994 after the submission of the final report by the police.