Nazamuddin Sheikh and Others vs State of Jharkhand and Another

R.R. Prasad, J.—The order dated 4.6.2012 whereby and whereunder prayer made by the petitioners for discharge has been rejected is being sought to be quashed on the ground that after 12 years of the occurrence, charge sheet has been submitted, upon which cognizance of the offence was taken which is hit by the provision as contained in Section 468 of the Code of Criminal Procedure. Upon hearing learned counsel appearing for the petitioners and learned counsel appearing for the State, I do find that well within three years of the occurrence, first the complaint was lodged which was sent before the concerned police station u/s 156(3) of the Code of Criminal Procedure for institution and investigation of the case, upon which charge sheet was submitted after 12 years as some of the accused was absconding.

Since the complaint/FIR was lodged well within three years from the date of occurrence, the order taking cognizance is never hit u/s 468 of the Code of Criminal Procedure, in view of the decision rendered in a case of Japani Sahoo Vs. Chandra Sekhar Mohanty, . Accordingly, I do not find any merit in this application. Hence, it is dismissed.