V.L. Achliya, J.

1. Rule. Rule returnable forthwith. By the consent of the parties heard finally at the stage of admission.

2. The applicant herein has preferred this application under Section 482 of Cr.P.C. for quashing Regular Criminal Case No. 38/2013 pending in the Court of Judicial Magistrate First Class, Udgir, District Latur on the ground that Section 161(1) of Maharashtra Police Act operates as a bar to entertain the case against the applicant.

3. Before appreciating the submissions advanced, it is necessary to consider in brief the facts leading to filing of charge-sheet against the applicant. On 03.01.2012 one Laxman Kendre, Police Inspector attached to police station Udgir, (Rural) Tq. Udgir, District Latur, filed complaint against the applicant pursuant to the order dated 31.12.2011 received from Superintendent of Police, Latur. In the complaint filed, the complainant has alleged that during the period 22.01.2009 to 09.11.2009 the applicant was posted as Police Inspector, Police Station Udgir, District Latur. During his tenure as Police Inspector he was found to be indulged into commission of various illegal acts amounting to offence. On receipt of the complaint preliminary enquiry was conducted through Shri Ramesh Kaltewar, the then Deputy Superintendent of Police, Udgir, who has found prima-facie substance in the allegations made in the complaint. He submitted report to the Superintendent of Police, Latur. On due consideration of the report of the preliminarily enquiry, the Superintendent of Police Latur directed the complainant to lodge complaint against the applicant. On the basis of the complaint lodged the offence under Sections 201, 213, 409, 420, 467, 468 and 471 of IPC came to be registered against the applicant vide crime no. 01/2012. After the registration of the offence investigation was conducted. During the course of investigation statements of various persons were recorded which includes some of the police personnel working with the police station Udgir, as well as Panchas whose signatures were obtained in back date and few other persons. All of them supported the allegations made in the complaint alleged against the applicant and disclosed various illegal acts amounting to offence committed by applicant during his posting as police station in-charge of police station Udgir. On completion of the investigation the charge-sheet was prepared and filed in the Court of JMFC. Being aggrieved the applicant has preferred this application for quashing the criminal proceedings mainly on the ground that the proceeding against the applicant is not maintainable in law as the same is filed beyond statutory period of 6 months as provided under Section 161 of Maharashtra Police Act.

4. Before filing the present application the applicant had approached this Court under Section 482 of Cr.P.C. seeking quashment of FIR vide Criminal Application No. 154/2012. The said application was rejected by this Court vide order dated 03.04.2012. In the application filed the applicant had taken the plea that complaint lodged against him is barred by limitation i.e. limitation as provided under Section 161 of Maharashtra Police Act, 1951. The application was rejected by observing that the investigation can not be stalled in exercise of power under Section 482 of Cr.P.C.

5. Mr. Amol Sawant the learned counsel for the applicant has submitted that as per the FIR the first act which is alleged to be an offence attributed against the applicant committed on 28.03.2009 and subsequent act alleged to be committed on 13.04.2009. Charge sheet has been filed on 01.02.2013 which is beyond the statutory period of six months provided under Section 161 of Maharashtra Police Act and therefore the cognizance of offence ought not have been taken by the learned Magistrate. He has further submitted that even no previous sanction from the State Government was obtained for entertaining the prosecution within extended period of 2 years from the date of