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2005 Supreme(Raj) 1381

H.R.PANWAR
Ramashanker – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Vinod Bhadu, for the Petitioners. Mr. J.P.S. Choudhary, Public Prosecutor. Mr. B.N. Kalla, for Non-Petitioner No. 2

Judgment

H.R. Panwar, J.-This Criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short the Code hereinafter) is directed against the order dated 111.2003 passed by the Additional Judicial Magistrate, Sujangarh (for short the trial Court hereinafter) whereby the trial Court took cognizance of offences under Section 323, 341,504 read with Section 34 IPC against the petitioners.

2. Aggrieved by the order impugned taking cognizance, the petitioners have filed the instant revision petition.

3. I have heard learned Counsel for the parties. Perused the order impugned. I have carefully gone through the statement of the complainants Jagdish CW-1, Narayan Das CW-2 and Raju Sunar CW-3 recorded by the trial Court under Section 200, 202 of the Code.

4. It is contended by the learned Counsel for the petitioner that the trial Court fell in error in taking cognizance against the petitioners after expiry of the period of limitation. Learned Counsel for the petitioners submits that occurrence is of dated 17.05.2002 whereas the trial Court took cognizance of offence on 111.2003 after expiry of period of one year from the date of occurrence.

5. It is further








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