DHEERAJ KANWAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has approached this Court against the order passed by the learned Judicial Magistrate, 1st Class, Court No. 1, Shimla, condoning the delay in taking cognizance of the case and further charging the petitioner herein for offences under Sections 341, 323 and 506 read with Section 34 of the Indian Penal Code. This case has a chequered history with its genesis being in the year 1993. First Information Report was lodged on 12.6.1993 under Sections 341, 323 and 506 read with Section 34 of the Indian Penal Code at Police Station, Chotta Shimla (East) against the petitioner and two others, namely, Subhash Mishra and Sunil Mishra. At the relevant point of view, the jurisdiction to try this case was that of the Gram Panchayat, Pujarli (Beolia). By a notification dated 17th January, 1997, the area which was the area where the offence was committed was transferred to the Municipal Corporation, Shimla and the territorial jurisdiction to try the offence became vested in the Judicial Magistrate, Shimla.

(2.) The petitioner has raised two major points for consideration of this Court (i) that the learned trial Court was wrong in taking cognizance of the case as it was barred under Section 468 of the Code of Criminal Procedure and there was no specific application on record to show as to how and why delay occurred in the case being tried by Judicial Magistrate, Shimla The second important issue raised by the learned Counsel appearing for the petitioner is the bar under Article 20 of the Constitution of India which is attracted to the facts of the case.

(3.) Dealing with the second aspect first, it is undisputed before me that at the time when the offence was committed the jurisdiction to try the offences was with that of Gram Panchayat, Pujarli (Beolia). Section 196(1) of the Himachal Pradesh Panchayati Raj Act, 1968 (hereinafter referred to as the 'Act') provided for cognizance of offences to be taken by the Gram Panchayat. Sub-section (1) of Section 196 refers to Schedule II of the Act which brings within its ambit Sections 323, 341 and 506 I.P.C. The relevant portion of the provisions read: