( 1 ) THIS petition is submitted with a grievance that the Courts below have committed an error in accepting the charge-sheet and not dismissing the complaint as beyond the period of limitation.

( 2 ) IT is a patent fact that the petitioners-accused are prosecuted for a prohibition offence and the complaint was filed on 3-6-1976 while the charge-sheet was submitted on 1-12-1978. The period of limitation for such cases under sec. 468 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) is one year because the offences with which the accused were charged are offences punishable with imprisonment for a term not exceeding one year.

( 3 ) IT was the case of the prosecution that two accused i. e. present petitioners Nos. 4 and 5 who are ladies were not available to be produced before the Court alongwith the charge-sheet even though earlier they were released on bail. Therefore as the Court refused to accept the charge-sheet unless all the accused are produced the charge -sheet could not be submitted and ultimately also by a specific letter it seems from the record the charge-sheet was submitted without accused Nos. 4 and 5. This is very clear from the evidence on record.

( 4 ) I must say at this stage that the refusal by criminal Courts either through the learned Magistrate or through their office staff to accept the charge-sheet without production of the accused persons is not justified by any provision of law. Therefore it should be impressed upon all the courts that they should accept the charge-sheet whenever it is produced by the police with any endorsement to be made on the charge-sheet by the staff or the Magistrate pertaining to any omission or requirement in the charge-sheet. But when the police submits the charge-sheet it is the duty of the Court to accept it especially in view of the provisions of sec. 468 of the Code which creates a limitation of taking cognizance of offence. Likewise police authorities also should impress on all police officers that if charge-sheet is not accepted for any such reason then attention of the Sessions judge should be drawn to these facts and get suitable orders so that such difficulties would not arise henceforth.

( 5 ) THE petition is therefore dismissed. Rule is discharged. Stay vacated. Petition dismissed.

.