BALESHWAR CHAUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India against the respondents assailing the impugned order dated 20.10.2000 passed by the Sub -Divisional Judicial Magistrate, Madhupur at Deoghar in T.R. Case No. 186 of 2006 whereby cognizance of the offence was taken under Section 167 of the representation of People Act, 1950 against the petitioner in contravention of the provision of Section 468(2)(b) of the Code of Criminal Procedure.

(2.) THE short question involved in this case as raised by the learned Counsel was as to whether the cognizance taken by the learned S.D.J.M., Madhupur at Deoghar on 20.10.2000 under Section 167 of the Representation of People Act, 1951 beyond the period of limitation was. maintainable?

(3.) LEARNED Counsel submitted that the written report was submitted by the District Transport Officer before the Palajori Police Station on 26.1.2000 on the basis of which Palajori P.S. Case No. 9 of 2000 was registered for the alleged offence.