LAWS(JHAR)-2011-7-55

SHIVKUMAR Vs. STATE OF JHARKHAND

Decided On July 06, 2011
SHIVKUMAR Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction (sic) this Court for quashment of his entire criminal prosecution relating to Gamharia P.S. Case No. 61/99. corresponding to G.R. No. 584/ 99 including the cognizance order dated 3.11.2003 by which cognizance of the offence was taken under Section 379 of the Indian Penal Code as also under Sections 39/44 of the Indian Electricity Act, 1910, now pending in the Court of S.D.J.M., Saraikela.

(2.) Heard Mr. A.K. Das, the learned counsel appearing on behalf of the petitioner. Mr. V.K. Prasad, the learned counsel appearing on behalf of the JSEB and Mr. Shekhar Sinha, the learned A. P. P. appearing on behalf of the State.

(3.) Learned counsel Mr. Das, at the outset, submitted by raising the point of law that FIR against the petitioner was lodged on 3.12.1999 for the said offences but the Investigating Officer after investigation submitted charge-sheet on 30.9.2003 and the cognizance was taken by the CJM, Saraikela on 3.11.2003 le. beyond three years. Punishment prescribed for the alleged offence under Section 379 of the Indian Penal Code is three years and similarly, punishment under the special law Le. Indian Electricity Act is also three years and therefore, the cognizance of the offence beyond three years is barred under Section 468(2)(c) of the Code of Criminal Procedure.