SMT. RADHA DEVI W/O SHRI JASSA RAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-7-205
HIGH COURT OF RAJASTHAN
Decided on July 26,2017

Smt. Radha Devi W/O Shri Jassa Ram Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C., 1973 for quashing of proceedings pending against the petitioner in the court of Judicial Magistrate, Sanchore, (Now Addl. Chief Judicial Magistrate), in regular criminal case No. 518/2009 for offence under Section 3(1)(6) Criminal Law Amendment Act, 1961 and against that order dated 06.08.2009 by which cognizance of the offence was taken on complaint.
(2.) It is contended by counsel for the petitioner that in the present case in dispute an agricultural land situated in Village Naldhra within the jurisdiction of Police Station Sarwana was sold by its Khatedar through a registered sale deed in favour of the petitioner on 18.07.2007. The learned Judicial Magistrate took cognizance against the petitioner for the offence under Section 3(1)(6) of the Act of 1961 vide order dated 06.08.2009.
(3.) It is contended by counsel for the petitioner that the offence is punishable with one year of imprisonment and therefore, as per section 468(b) of Cr.P.C., 1973 the complaint was barred by limitation and the court could not have taken cognizance after a period of one year.;


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