N.L.TIBREWAL
NIYAZUDDIN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
N. L. TIBREWAL, J.
( 1 ) ALL the petitions raise a common question of law of general importance as such they are disposed of jointly. The question that falls for consideration is: Whether offences punishable under Sections 31, 32, 33 and 72 of the Jaipur Development Authority Act (hereinafter to be referred to as the Act) are continuing offences? In case, the question is answered in affirmative the bar of limitation for initiation of criminal proceedings shall not apply, otherwise a complaint would be required to be filed within the prescribed period of limitation.
( 2 ) THE above question assumes importance because of the provisions contained in Chapter- XXXVI of the Code of Criminal Procedure (for short the Code) under the head limitation for taking cognizance of certain offences. Sections 468, 472 and 473 are relevant for our purpose and they are as follows:section 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) s
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