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PUNJAB AND HARYANA HIGH COURT
K.P.S. Sandhu, J.
Sawan Ram - Petitioner
ersus
State of Haryana - Respondent
Criminal Misc. No. 5573-M of 1973
Decided on 28th April, 1984
Advocates:
Mr. S.P. Gupta, Advocate-For the Petitioner.
Mr. Jatinder Sharma, Advocate for Haryana State-For the Respondent.
Mr. S.P. Gupta, Advocate-For the Petitioner.
Mr. Jatinder Sharma, Advocate for Haryana State-For the Respondent.
IMPORTANT POINT
Offence committed by the petitioner was in 1970-71 was within the knowledge of authorities as his services were terminated in 1972. Therefore the action against petitioner is hit by limitation provided by S. 468 of Cr.P.C. and it is immaterial that official liquidator was appointed in 1975.
Headnote:(i) Indian Penal Code, 1860, Sec. 406, 409 Code of Criminal Procedure, 1973, section 482- One S a salesman in Central Cooperative Consumer Store-Charged under Sections 406 and 409 of IPC-Petition to High Court to quash proceedings and charges framed against him - Whether can be charged under S. 409 I.P.C. when be is neither a public servant, nor a banker, merchant, factor, broker attorney or agent. (No). (Para 3)
(ii) Indian Penal Code, 1860, Sec. 406-Code of Criminal Procedure, 1973, Sections 468 and 469-Whether proceedings if initiated after one year under S. 406 I P.C. are hit by sections 468 and 469 of Cr.P.C. (Yes) (Para 3)
Result-Petition allowed.
Sawan Ram VS State of Haryana
