Pankaj Bhandari, J. - (1.) The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 20.04.2015 passed by learned District & Session Judge, Jodhpur Metropolitan and order dated 09.02.2015 passed by learned Metropolitan Magistrate No.1, Jodhpur Metropolitan vide which application filed by the petitioners under Section 468 Cr.P.C. was rejected.
(2.) The factual matrix of the case are that an FIR was lodged on 08.08.2005 alleging commission of investigation under Section 323 & 336 of IPC. The police submitted negative final report on 06.09.2015, the respondent No.2 complainant was served on 21.09.2005 and a protest petition was filed by the complainant on 12.04.2007. Thereafter, for six years, the matter languished for evidence of the complainant and ultimately, the court took cognizance on 01.08.2013.
(3.) It is contended by counsel for the petitioners that the offence under Section 323 of IPC is punishable with imprisonment of one year and for offence under Section 336 of IPC is punishable with imprisonment of three months. In view of Section 468 Cr.P.C., it is contended that there is a bar to take cognizance after the lapse of the period of limitation, the period of limitation as provided in sub clause 2 of Section 468 Cr.P.C. is one year, if the offence is punishable with imprisonment for a term not exceeding one year.;