AFTAB KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner has challenged the order dated 25.11.2010, passed by Shri M.K. Srivastava, learned A.C.J.M., Khunti in G.R. Case No.485 of 2007 arising out of Khunti P.S. Case No.114 of 2007, whereby, the application filed by the petitioner for discharge was rejected.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by the court below is absolutely illegal, inasmuch as, it is apparent from the impugned order as well as from the F.I.R. itself that the case was instituted on 6.9.2007, whereas the charge -sheet in the court below was filed on 23.11.2010 and cognizance was also taken on the same date, which is beyond the period of three years. Learned counsel for the petitioner has submitted that taking cognizance of the case after expiry of the period of three years is barred under Section 468 of the Cr.P.C., and as such, the impugned order cannot be sustained in the eyes of law.