RAMPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition by Rampal and IS others for quashing of the criminal proceedings initiated against them by the Judicial Magistrate. Jaipur District and the initiation of which was confirmed by the Sessions Judge-Jaipur District, Jaipur on filing of revision petition No. 11/1987 by the petitioners.

(2.) Ram Gopal, non-petitioner No.2 filed a private criminal complaint in the Court of Judicial Magistrate, Jaipur, District Jaipur on February 16 1984, with respect to an ilicident alleged to have taken place on October 25.1983, It was alleged in the complaint that non petitioner No.2 and his two companions were be laboured by the petitioners it appears that non-petitioner No.2 has also lodged a First Information Report at the Police Station. The police gave a final report on April 20, 1984. According to the petitioners, the Judicial Magistrate. Jaipur District took cognizance of the offences under Sees. 147, 313, 324, 149 447. IPC on November 13. 1986. This, according to the petitioners was barred by limitation under Section 468 (2)(c) of the Code of Criminal Procedure.

(3.) It may be mentioned that on March 20, 1985, the Judicial Magistrate had ordered for the recording of evidence under Section 200, Cr. P.C. and. for that purpose, the case, was fixed on May. 1985 and on September 2, 1986. There were intervening dates also on which the Presiding Officer was not present. Ultimately, the impugned order was passed by the Judicial Magistrate on November 13,1986. in this order the Judicial Magistrate mentioned that the file was perused and there were sufficient grounds for taking cognizance against the petitioners for the offences mentioned in the order. He further passed an order for issuance of processes as against the petitioners.