N.N. Mathur, J. - (1.) By way of instant petition u/s. 482 of the Code of Criminal Procedure the petitioner seeks to challenge the order dated 25.7.2003 passed by the Additional Sessions Judge No. 2, Sri Ganganagar confirming the order dated 21.7.2001 passed by the A.C.J.M., Sri Ganganagar taking cognizance against him for offence u/s. 323/427 IPC.
(2.) It appears that on 25.11.1996 one Kumari Sunita submitted a written report before the Superintendent of Police, Sri Ganganagar stating that on 20.11.1996 at about 4.00 p.m. Ram Mohan-petitioner herein Prem Phutela, Raju etc. made a criminal trespass in her house and assaulted her. On this information police registered a case and proceeded with investigation. The police forwarded a negative police report. It was objected to by way of protest petition. The learned Magistrate has taken cognizance against the petitioner as indicated above. The order dated 31.7.2001 was challenged by way of revision before the Court of Additional Sessions Judge No. 2, Sri Ganganagar, which has been rejected by order dated 25.7.2003.
(3.) It is contended by the learned counsel that the alleged incident is of 20.11.1996. The negative police report was forwarded on 29.10.1997 to the Court of Additional Chief Judicial Magistrate. The protest petition was filed by the complainant on 5.11.1999. The cognizance was taken on 31.7.2001. The maximum sentence provided u/s. 427 IPC is 3 years, the incident is alleged to have taken place on 20.11.1996 and the cognizance has been taken on 31.7.2001. It is clearly barred by limitation under the provisions of Section 467 & 468 of the Code of Criminal Procedure.;