MANOJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner Manoj Kumar, proprietor of Nitin Marble has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the impugned order dated 3.9.2005 passed by Chief Judicial Magistrate, Hazaribagh in Chauparan PS Case No. 229 of 2000, corresponding to GR. Case No. 2823 of 2000. whereby and whereunder cognizance of the offence has been taken under Section 406 of the Indian Penal Code against the petitioner herein including quashing of the entire criminal proceeding in the said case.

(2.) THE brief facts of the case are recapitulated hereunder.

(3.) LEARNED Counsel for the petitioner submitted that the case was instituted against the petitioner on 12.12.2000 for the offence under Section 406 of the Indian Penal Code but, the charge -sheet was submitted after investigation by the police much beyond three years of limitation, vide charge -sheet No. 116 of 2005 dated 31.7.2005 with the case diary for the offence under Section 406 of the Indian Penal Code. On the basis of materials thereon, learned Chief Judicial Magistrate, Hazaribagh took cognizance of the offence under the said Section on 3.9.2005.