It is necessary to give notice to the proposed accused and an opportunity for meeting the case of the complainant in regard to the extension of time under section 473, Criminal Procedure Code.

( 1 ) THIS petition for quashing the entire proceeding in C. C. No. 17 of 1977 on the file of the Special Judicial Second glass Magistrate, Kurnool, is filed under section 482, Criminal Procedure Code. The petitioners, a firm and its managing partner, were charged with the offence under section 7 read with section 19 (a), seeds Act. The offence is alleged to have been committed on 7th September, 1973. The complaint was lodged on 8th november, 1976. The punishment that can be imposed for the alleged offence, even if it is proved and a conviction is based thereon, is only a fine ; and, therefore, as prescribed by section 468 (2) (a), the period of limitation for taking cognizance of such an offence is only six months. In this case, there is no doubt that the case has been filed long after the expiry of the period of six months which is the period of limitation. However, the Court took cognizance of the case. The present petitioners, when they appeared as accused, filed Criminal m. P. No. 66 of 1977 for throwing out the complaint as tune-barred and to acquit them. The lower Court refused to comply with this application and so the accused have filed the present application for quashing the entire proceedings.

( 2 ) SRI S. Venkata Reddy appearing for the petitioners, contends that admittedly, the cognizance of the offence for which a period of six months is fixed as limitation, was taken long after the expiry of that period. The complainant did not give satisfactory explanation for the long delay that elapsed between the commission of the offence and the filing of the complaint. What all was stated in the complaint is: "the inquiry has been conducted in different places in Andhra Pradesh and karnataka States, and thus there was delay in filing the complaint. " the learned Magistrate, while rejecting criminal M. P. No. 66 of 1977 observed that while taking cognizance of the complaint, he had taken into consideration that investigation had to be made at kurnool, Yellandu, Kothagudem and bangalore which were situated in two states and that he was satisfied that delay in filing the complaint was unavoidable and properly explained. Since the accused were not then present on the scene and he took cognizance, he did not pass any specific order in writing. He took cognizance of the complaint under section 190 (1) (a), Criminal Procedure Code. He said that the actual reason for extending the period of limitation and taking cognizance of the complaint, though it was presented after the prescribed period of limitation could be given at a later stage when the point was raised and after giving opportunity to both sides to be heard. He concluded the order saying that delay in filing the complaint was properly explained and it was necessary to take cognizance of the offence in the interests of justice. He accordingly condoned the delay under section 473, Criminal Procedure Code.

( 3 ) SECTION 473, Criminal Procedure Code, enables the Court to extend time while taking cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

( 4 ) IN the present case, there is no doubt that the lower Court was satisfied on the facts and in the circumstances of the case that the delay had been properly explained. Since investigation had to take place in several places in the States of Andhra Pradesh and Karnataka, the delay occurred. I do not think I would be justified in interfering with this judicial exercise of the discretion vested in the Lower Court. However, there must be a well-laid practice in the matter of extending the period of limitation.

( 5 ) THE Criminal Procedure Code does not contain any procedure for condoning the delay in filing the complaint and extending time of the period of limitation. Section 486 and other provisions prescribe the period of limitation for ta

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