Mohan Lal Gupta vs State of Haryana

K.P.S. Sandhu, J.—This is a petition filed by Mohan Lal Gupta under section 482, Criminal Procedure Code for quashing the proceedings pending in the court of Chief Judicial Magistrate, Sonepat for an offence under Section 406, I.P.C.

The short and the only ground taken by the petitioner is that the cognizance of the offence by the trial Magistrate is hit by section 468(2)(c), Criminal Procedure Code as the offence for which the petitioner is charged is only punishable with a maximum sentence of 3 years R.I. or fine or both, and the cognizance of such an offence by the trial Magistrate could only be taken if the prosecution was within three years of the commission of the offence. The offence as alleged was committed in between 3.1.1977 and 16.1.1978. The F.I.R. was lodged in March, 1984 and the challan was submitted in October, 1984. This position has not been controverted by the learned counsel for the State. In spite of the fact that a number of opportunities were given to the learned counsel for the State, he has not been able to show that the delay was abandoned by the trial Magistrate as envisaged u/s.473, Criminal Procedure Code.

Under these circumstances, I am left with no option but to quash the F.I.R. No. 142 dated 5.3.1984 Police Station City Sonepat. I order accordingly.