Tarlok Singh Chauhan, J.

By medium of this revision petition, the petitioner has sought quashing of charges framed against him under Sections 109, 147, 148, 149 and 323 of the Indian Penal Code (for short ‘IPC’). The essential facts may be noticed.

2. An FIR No.138/2008 was registered against the petitioner on 01.06.2008 under the aforesaid sections on the basis of the inquiry report submitted by the District Magistrate, Shimla with the SHO, Police Station, Boileauganj, Shimla. It is not in dispute that it is the petitioner alone, who has been arraigned as accused in the FIR and a number of other persons have been arraigned as suspects and kept in column No.12 in the Final Report submitted to the Court.

3. Learned counsel for the petitioner has made two-fold legal submissions:-

i) that the offences under Sections 109, 147, 148 and 149 IPC can only be committed by two or more persons and, therefore, charges framed against him deserve to be quashed and;

ii) that since the maximum punishment under Section 323 IPC is imprisonment for one year or fine of 1,000/- rupees or both, then the charge is not sustainable in view of the

charge sheet having not been presented within one year