Sabina, J. - (1.) Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 challenging the order dated 17.10.2014 and seeking quashing of the FIR No. 444/1991 registered at Police Station Shastri Nagar, District Jaipur for offence under Sections 147, 148 & 323 Indian Penal Code, 1860.
(2.) Learned counsel for the petitioner has submitted that FIR in question was registered in October 1991. Till date challan has not been presented in the court. Hence, the criminal proceedings arising out of the FIR in question were liable to be quashed. Learned counsel has submitted that for offence under Section 323 Indian Penal Code, 1860, maximum punishment was imprisonment for a term which may extend to one year or a fine which may extend to Rupees one thousand or with both. Maximum punishment for offence under Section 147 Indian Penal Code, 1860 was imprisonment for a term which may extend to two years. Maximum punishment for offence under Section 148 Indian Penal Code, 1860 was for imprisonment which may extend to three years. As per Section 468 Code of Criminal Procedure, 1973, trial court could have taken cognizance of the matter within three years. However, till date challan has not been presented against the petitioner. Petitioner had applied for a passport. Petitioner is not being issued the passport in view of the registeration of FIR in question against the petitioner.
(3.) Learned state counsel has opposed the petition.;