M.T. Belliappa vs State of Karnataka

K. Bhakthavatsala, J.—The petitioner/accused in C.C. No. 22302/2007 on the file of X Additional Chief Metropolitan Magistrate at Bangalore city, for the offence under Sections 341 and 352 of IPC, is before this Court u/s 482 of Cr.P.C., praying for quashing the proceedings on the ground that it was barred by limitation.

Learned Counsel for the petitioner submits that according to the complaint, the alleged incident occurred on 02.08.2005 at 4.45 p.m. Complaint came to be lodged with the police station on 28.02.2006. After investigation, on 04.06.2007, the police laid charge-sheet against the accused for the offence under Sections 341 and 352 of IPC. On the same day, after perusing the chargesheet, the learned Magistrate took cognizance and ordered to register the case and issue summons. He further submits that since the offence u/s 341 is punishable with S.I. for one month and the offence u/s 352 is punishable with imprisonment for three months, the learned Magistrate erred in taking cognizance for the above said time barred offences.

As per Section 458 of Cr.P.C., no Court shall take cognizance of an offence after expiry of period of limitation of one year if the offence is punishable with imprisonment for a term not exceeding one year. In the instant case, the alleged incident occurred on 02.08.2005. The learned Magistrate erred in taking cognizance for the offence on 04.06.2007 beyond the period of limitation.

In the result the petition is allowed and the proceedings initiated against the petitioner in C.C. No. 22302/2007 on the file of X Additional Chief Metropolitan Magistrate at Bangalore, is quashed.