- (1.) The Petitioner has invoked the inherent power of this Court under Section 482 of the Code of Criminal Procedure for the quashment of the order impugned dated 13.04.2006 passed in Balumath P.S. Case No. 21 of 2002, corresponding to G.R. No. 143 of 2002 by which the C.J.M., Latehar took the cognizance of the offence under Sections 379/411 of the Indian Penal Code, under Section 33/42 of the Indian Forest Act and under Section 17 of the C.L.A. Act beyond the statutory period of limitation.
(2.) Learned Counsel Mr. Jitendra S. Singh raised short point of law that the cognizance of the offence as taken by the C.J.M. was barred by the limitation. The offence was reported on 23.04.2002 to which F.I.R. arising out of Balumath P.S. Case No. 21 of 2002 was received in the Court of C.J.M., Latehar on 23.04.2002 but the charge-sheet was submitted much thereafter on 31.03.2006 by the Investigating Officer, accordingly, cognizance was taken on 23.04.2006.
(3.) Learned Counsel Mr. Singh submitted and pointed out that the maximum punishment awarded for each of the offence under Section 379 of the Indian Penal Code, 33 of the Indian Forest Act and Section 17 of the C.L.A. Act is 3 years imprisonment each but the cognizance was taken in contravention of the provision of Section 468(2)(c) of the Code of Criminal Procedure wherein it has been stated;- 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. (3) For the purpose 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.;