V.N.Mehrotra, J. - (1.) This revision has been filed against the judgment dated 3.12.1981 by Sri P.N. Lal, Vth Addl. Sessions Judge, Muzaffarnagar, setting aside the order dated 7.2.1981 by Sri R.L. Soni, Chief Judicial Magistrate, Muzaffarnagar.
(2.) The brief facts of the case are that it was alleged that the present revisionist had caused knife injuries to two persons, as a result of which they had committed an offence under Section 324 Indian Penal Code on 26.9.1977. The police investigated the case and charge sheet under Section 324 Indian Penal Code was submitted against the accused persons on 30.9.1980. The accused persons filed an application before the Magistrate concerned praying that the accused be discharged as the charge-sheet was submitted by the police after the expiry of period of limitation provided under Section 468 Criminal Procedure Code. The matter remained pending before the learned Magistrate. It appears that the application was moved before him by the A.P.O on 20.1.1981 alleging that the material on record revealed and made out a case under Section 307 Indian Penal Code. The A.P.O. requested that the matter be adjourned for arguments and the case be committed to the court of Sessions. Ultimately, on 7.2.1981 the learned Magistrate passed the impugned order observing that as the charge-sheet has been submitted after the expiry of period of limitation and no application for condoning the delay was moved by the prosecution, hence it was time barred and cognizance could not be legally taken. He accordingly, dropped the proceedings and discharged the accused persons.
(3.) The prosecution filed a revision against this order before the Sessions Judge, Muzaffarnagar. It was allowed by the Vth Addl. Sessions Judge Muzaffarnagar, as mentioned earlier. The learned Addl., District Judge directed the Chief Judicial Magistrate to consider the application moved by the prosecution alleging that the case was one under Section 307 Indian Penal Code. It was observed that the learned Magistrate had not considered this application on merits.;