1. Respondents No.1 and 2, A.S.I. and Police Constable respectively, were facing trial for offence punishable under Sections 330, 324, 323, 354, 166 read with Section 34 of the Indian Penal Code in clubbed trial R.C.C. No.157/1998 before the Chief Judicial Magistrate, Parbhani. In the prosecution of R.C.C. No.157/1998 filed by Police Station, Basmatnagar, the complaint filed by the Judicial Magistrate, First Class, R.C.C. No.424/1993 was merged, in which evidence before charge had been recorded and charge was also framed. Thereafter, in R.C.C. No.157/1998, respondents – accused No.1 and 2 filed application Exhibit 46 invoking Section 161 of the Bombay Police Act, 1951 (hereinafter referred as “the Police Act” in brief), claiming that the complaint filed by Magistrate as well as the charge sheet filed by the police regarding the offence alleged was time barred as the incident complained of that they had beaten complainant Shantabai and her husband and outraged modesty of the lady while she was in police custody, was beyond the period of six months from the date of incident. The acts were under the colour of duty as contemplated under Section 161 of the Police Act and the pr