Dev Darshan Sud, J The petitioner has challenged the order passed by the learned Additional Chief Judicial Magistrate, Court No.1, Mandi rejecting the submissions made on behalf of the petitioner that charges under Section 406 and 403 IPC have not been made out and that case is barred by limitation under the provisions of Section 468 Cr.P.C.

2. Prior to the institution of the present petition, Cr.MMO No. 51 of 2010 was instituted by the petitioner under Section 482 of the Code of Criminal Procedure praying that FIR 441 of 2006 (which is also subject matter of the present case) be quashed as no offence is made out against the petitioner. The petition was held as not maintainable. The Court ordered: “19.5.2010…….. Cr. MMO No. 51of 2010 The matter arising out of FIR No. 441 of 2006, registered in Police Station, Mandi has culminated into the police challan, which stands presented before the Judicial Magistrate at Mandi and the same is fixed for consideration of charge on 31.5.2010. The petitioner is at liberty to take all points at the time of consideration of charge which have been taken in this petition. Therefore, in view of this, when the alternative remedyis available