Rongon Mukhopadhyay, J. - (1.) Heard the learned counsel for the petitioners and the learned counsel for the State. In this application, the petitioners have challenged the entire criminal proceeding including the order dated 13.03.2002 whereby and where under cognizance has been taken under Section 414/34 of I.P.C. in connection with Mahespur P. S. Case No. 12 of 1991 corresponding to G. R. No. 58 of 1991.
(2.) The prosecution story as would appear from the F.I.R. instituted on 23.02.1991 is that on the same date itself, the informant and the other police officials on receiving confidential information that a large quantity of iron pipes stocked near Bisheswar Paharaia's house, went there and found that a number of pipes measuring 20 feet in length and 4 inches in width were kept hidden. The whereabouts of the owner of the pipes could not be ascertained and it was concluded that the pipes appeared to be belonging to some Government department and the same appeared to be stolen property. On the basis of the fard beyan of the informant, an F.I.R. was instituted being Mahespur P. S. Case No. 12 of 1991. After submission of the charge-sheet under Section 414/34 of the I.P.C. cognizance was taken by the learned Judicial Magistrate 1st class, Pakur on 13.03.2002.
(3.) The learned counsel for the petitioners has confined his argument only to the point as to whether in view of the delay in taking cognizance, the entire proceedings are barred under Section 468 of the Cr.P.C. The learned counsel for the petitioners further submitted that although the date of occurrence is 23.02.1991 and the F.I.R. was instituted on the same date i.e., on 23.02.1991, but the cognizance was taken on 13.03.2002 and therefore, in view of the provisions of Section 468 of Code of Criminal Procedure as also in view of the fact that the maximum punishment under Section 414 of the Indian Penal Code is 3 years and as such the cognizance having been taken beyond the period of 3 years, the same is hopelessly barred by limitation and on the said ground, the entire proceedings are liable to be quashed.;