R.S. Chauhan, J. - (1.) THE petitioners are aggrieved by the order dated 20.5.2012 passed by the Judicial Magistrate No. 13, Jaipur City, Jaipur whereby the learned Magistrate has taken cognizance for offence under Section 341 & 323 IPC against the petitioners. They are equally aggrieved by the order dated 7.9.2012 passed by the Additional District & Sessions Judge (Fast Track) No. 5, Jaipur Metropolitan whereby the learned Judge has upheld the cognizance order dated 20.5.2010. Mr. R.S. Tanwar, learned counsel for the petitioner, has vehemently contended that the complainant had filed a complaint on 27/2/2007. However, the cognizance was not taken till 20/5/2010. According to Section 468 Cr.P.C. a bar has been placed on the power to take cognizance after a lapse of period of limitation. The period of limitation is three years if the punishment for the offence exceeds one year, but does not exceed three years. Therefore, cognizance ought to have been taken within a period of three years. However, the cognizance has been taken by the learned Magistrate beyond the said period. Secondly, the learned Magistrate has not given any reasons for extending the time of limitation. The said reason has been given only by the learned Judge.
(2.) RELYING upon the cases of Kuljeet Singh & Ors. Vs. State & Anr., 1998 Cr. L.R. (Raj.) 713 and on the case of Kamru & Anr. Vs. State of Raj. & Anr. [ : 2009 (1) Cr.L.R. (Raj.) 465] the learned counsel has vehemently contended that the cognizance order should be set aside as it has been passed after expiry of the limitation period. Heard the learned counsel, perused the impugned orders, and considered the case law cited at the Bar.
(3.) SECTION 468 reads as under: 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. For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.;