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Judgment
6 paragraphs · 242 wordsB.V. Pinto
This petition is filed seeking to quash the proceedings in C.C. No. 50770/2010 on the file of the 6th Additional Chief Metropolitan Magistrate, Bangalore registered for the offences under Sections 3 and 4 of Karnataka Open Place Disfigurement Act, 1951.
Heard Sri S. Balan., Learned Counsel for the petitioner and Sri Satish R. Girji, learned HCGP for the respondent - State.
It is submitted by the Learned Counsel for the petitioner that the offences under Sections 3 and 4 of the aforesaid Act is punishable with fine only and therefore, the limitation to take cognizance of the said offence is one year. The Court having taken cognizance on 06.12.2010 for the alleged act committed on 27.08.2009, the same is beyond the period of limitation and Court could not have taken the cognizance of the offences.
Perused the materials on record. It is seen that the charge sheet is filed against the petitioner showing him as accused No. 4 on 06.12.2010 in respect of Crime No. 336/2009 and the same has been registered on 27.08.2009. Hence, the cognizance taken against the petitioner on 06.12.2010 is contrary to Section 468(2)(b) Cr PC. Hence, the petitioner is entitled to succeed. Accordingly, the petition is allowed. The proceeding in C.C.No. 50770/2010 on the file of the VI Additional Chief Metropolitan Magistrate. Bangalore only as against the petitioner is hereby quashed.
Office is directed to send the lower court records, forthwith.