In this petition filed under Sec. 482 Crl.P.C. the petitioners who re accused Nos. 1 and 2 in C.C. No. 119 of 2004 on the file of the J.f.C.M. Malappuram for offences punishable under Sections 323, 341 and 506 (1) read with Sec. 34 I.P.C., seek to quash the aforesaid proceedings before the Magistrate.

2. Adv. Sri. Sunil V. Mohammed, the learned counsel appearing for the petitioners/accused made the following submissions before me in support of his contentions:-

The alleged occurrence in this case took place on 17-11- 2000 The refer report was filed on 18-2-2001. The protest complaint was filed on 3-3-2001. The cognizance was taken by the Magistrate on 11-2-2004. The cognizance so taken was clearly beyond the period of three years prescribed for the offence under Section 468 Cr.P.C. which reads as follows:-

"468. Bar to taking cognizance after lapse of the period of limitation

1) Except as otherwise provided elsewhere in this Code, no court shall take cognizance of an offence of the category specified in sub-section

(2), after the expiry of the period of limitation.

2) The period of limitation shall be –

a) six months, if the offence is punishable with fine only;

b) one y