Sabyasachi Mukharji, J. - (1.) Special leave granted. The appeal is disposed of by the order passed herein.
(2.) On 20th of November, 1976, the appellant was posted in the State of Arunachal Pradesh as an Executive Engineer (Elect). An accident took place in the jeep which was alleged to have been driven by the appellant. The accident took place within the Bomdila Police Station in Arunachal Pradesh. In the said accident one of the occupants, J. K. Jain, Assistant Engineer (Elect.) died and another S. Karim, driver sustained grievous injuries. According to the police the accident is attributable to rash and negligent driving of the appellant. As per the case file, Shri R.B. Singh, Sub-Inspector submitted a report to the Deputy Commissioner, Bomdila on 22nd November, 1976, who according to the learned Magistrate took cognizance of the offence under S. 32(c) of Regulation I of 1945 and the police registered the case. The learned Magistrate held that cognizance was taken on 22nd November, 1976. This finding, however, was not sustained by the High Court. The police is alleged to have registered the case and took up investigations and submitted the chargesheet in September, 1977 which, however, appears to have been placed before the Deputy Commissioner on 31st March, 1986, and it was on that date that the cognizance of the offence was taken, according to the High Court. The learned Magistrate in his order stated that the reason why report could not be placed before the Court promptly merited detailed probing, which showed that cognizance was taken on 22nd November, 1976 by the competent authority but the court proceedings thereof commenced on 31st March, 1986. The appellant was chargesheeted under S. 279 read with S. 304A/338 of the Penal Code. According to the appellant cognizance was only taken on 31st March, 1986. The first question, therefore, in this case is when was the cognizance taken. By the order of the learned Magistrate, the appellant was directed to appear on the next date of hearing, that is on 8th September, 1986. The order was passed on 14th July, 1986.
(3.) Challenging the said order, the appellant moved the High Court of Gauhati under S. 482 of the Criminal P.C. read with Art. 227 of the Constitution for quashing the charges framed by the Magistrate 1st Class, Bomdila. The High Court in its judgment and order dated 14th August, 1987 held that the investigations started on 22nd November, 1976 on the registration of the case under Ss. 279, 304A and 338 of the I.P.C. and the investigation was completed on 8th September, 1977 and cognizance was taken on 31st March, 1986 when the Deputy Commissioner passed the following order: "Records perused. Issue summons to the accused to appear at Kameng on 9th May, 1986." Therefore, the first question that arises is, when was the cognizance taken, on 22nd November, 1976 or 31st March, 1986. The High Court held that cognizance was taken on 31st March, 1986. The offence under S. 279 is punishable with imprisonment for a term not exceeding 6 months, or with fine, or with both. Offence under S. 304A is punishable with imprisonment for a term not exceeding 2 years, or with fine, or with both. Offence under S. 338 is punishable with imprisonment for a term not exceeding 2 years, or with fine or with both. In the aforesaid view of the matter, the period of limitation for taking cognizance of the offences would be three years. S. 468 of the Code of Criminal Procedure provides as follows: "468. Bar to taking cognizance after lapse of the period of limitation. (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation. (2) The period of limitation shall be (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.";