MANI THOMAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this misc. petition, the learned Counsel for the petitioner has urged that the first information report lodged against the petitioner cannot be sustained. The first information report was lodged at the Police Station, Kotwali, Bikaner being F.I.R. No. 64/97 on 19.6.1997. It was lodged by Dr. Sheela Oman alleging that the petitioner/accused married her in Kerala. Due to her employment in the Medical Department of the State of Rajasthan, she came to Bikaner. In the meanwhile, the petitioner remarried another lady and has committed an offence under Section 494 I.P.C. It has also been alleged in the first information report that when the complainant demanded her Streedhan from the petitioner, he promised her that he would come to Bikaner and hand her over the articles of her Streedhan.

(2.) LEARNED counsel for the petitioner has challenged the first information report and has prayed for quashing the first information report on the ground that the offences under Sections 494 and 406 I.P.C. as mentioned in the first information report cannot now be proceeded against the accused petitioner/accused because the trial of these offences is barred by time.

(3.) LEARNED counsel also alleges that as regards the offence under Section 406 is concerned, there is no allegation in the first information report regarding entrustment. There is also no averment regarding refusal.