1. - Section 468 of the Code of Criminal Procedure creates valuable right in the accused not to be proceeded against in a criminal prosecution after the expiry of the period of limitation and puts an embargo on the authority of the Court to take cognizance of the offence. section 473, Cr.P.C. invests the Court with wide discretion to take cognizance of an offence notwithstanding the fact that the action is otherwise barred by limitation on two grounds namely, (i) that the delay has been satisfactorily explained having regard to the facts and circumstances of the case, and (ii) it is necessary so to do in the interest of justice.

2. Admittedly, in the case on hand the incident is said to have been taken place on April 7, 1990 and the learned Judicial Magistrate, Bandikui took cognizance of offence under Section 354 of the IPC, against the accused on September 14,1993. According to Section 468(1)(c) the period of limitation for taking cognizance of offence under Section 354, IPC is three years. Therefore, the accused assailed the order of Magistrate by filing revision. Learned Sessions Judge, Dausa allowed the revision and quashed the order of the Magistrate by its order date