Mohar Singh Meena S/o Shri Mangi Lal Meena, aged about 74 years, resident of Meena Baroda, P.S. Bazirpur District Sawai Madhopur - Accused-Petitioner @HASH State of Rajasthan through P.P.

Mr. Mohammad Rafiq, J. - This petition has been filed by the petitioner with the prayer that the proceedings in criminal case no.384/2015 (418/2014) pending before the Court of Judicial Magistrate No.2, Gangapur City, titled State v. Mohan Singh be quashed and set aside.

The brief facts of the case giving rise as under that the complainant namely; Girraj Singh Kushwaha in the capacity of District Collector Sawai Madhopur sent a complaint to the Police Station Bazirpur District Sawai Madhopur for lodging F.I.R against the present petitioner. Upon receipt of complaint from the complainant, the police registered a first information report bearing no. 43/2012 on dated 06.02.2012.

After registration of the above F.I.R, the police started the investigation and after completion of investigation, the police submitted a charge sheet before the court of Judicial Magistrate, Gangapurcity on dated 28.07.2014. The learned Magistrate vide order dated 02.08.2014 took cognizance against the present petitioner for the offences punishable under 465, 471 of I.P.C. and Section 3/7 of State Emblem of India (Prohibition of Improper Use) Act, 2005. After taking cognizance, the learned Magistrate framed charges against the present petitioner for the offences punishable under Section 465, 471 of I.P.C and Section 3/7 of State Emblem of India (Prohibition of Improper Use) Act, 2005.

It is argued that the same Court has in another case filed by accused Mohan Lal dismissed the complaint as time barred filed under Section 465 and 471 IPC and Section 7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005. Incident in that case was of 10.04.2011, whereas complaint was filed on 6.1.2016. The maximum punishment for the aforesaid offence was one year with fine. The learned trial court dismissed the application on the premise that cognizance of such offence was now barred by limitation.

In view of Section 468 of Cr.P.C., though the proceedings are barred, it is also not disputed that the maximum punishment for alleged offences under Section 465 and 471 IPC and Section 3/7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005 is one year. The impugned proceedings of the Criminal Case No.384/2015 (418/2014) pending in the Court of Judicial Magistrate No.2, Gangapur City is therefore set aside.

Consequently, the writ petition is allowed. Stay application also stands disposed of.