SURESH RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has invoked the inherent power of this Court under Section 482 of the Code of Criminal Procedure for the quashment of the order impugned dated 13.04.2006 passed in Balumath P.S. Case No. 21 of 2002, corresponding to G.R. No. 143 of 2002 by which the C.J.M., Latehar took the cognizance of the offence under Sections 379/411 of the Indian Penal Code, under Section 33/42 of the Indian Forest Act and under Section 17 of the C.L.A. Act beyond the statutory period of limitation.

(2.) Learned Counsel Mr. Jitendra S. Singh raised short point of law that the cognizance of the offence as taken by the C.J.M. was barred by the limitation. The offence was reported on 23.04.2002 to which F.I.R. arising out of Balumath P.S. Case No. 21 of 2002 was received in the Court of C.J.M., Latehar on 23.04.2002 but the charge-sheet was submitted much thereafter on 31.03.2006 by the Investigating Officer, accordingly, cognizance was taken on 23.04.2006.

(3.) Learned Counsel Mr. Singh submitted and pointed out that the maximum punishment awarded for each of the offence under Section 379 of the Indian Penal Code, 33 of the Indian Forest Act and Section 17 of the C.L.A. Act is 3 years imprisonment each but the cognizance was taken in contravention of the provision of Section 468(2)(c) of the Code of Criminal Procedure wherein it has been stated;-