Pardeep Kumar Sharma vs Dutt Kumar - 2022 Supreme(J&K) 114

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 114

RAJNESH OSWAL
Pardeep Kumar Sharma – Appellant
Versus
Dutt Kumar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rakesh Chargotra, Advocate
For the Respondent:Mr. Sachin Sharma, Advocate

JUDGMENT :

Rajnesh Oswal, J.-In the present petition, petitioner has prayed for the quashing of the order dated 12.05.2016 passed by the Court of District Judicial Mobile Magistrate (Traffic), Kathua (hereinafter referred to as the trial court) whereby the cognizance was taken by the learned Trial Court and also for quashing the order dated 20.04.2017 passed by the learned Trial Court, whereby the process has been issued against the petitioner and further for quashing of the proceedings in the criminal complaint, titled, ‘Dutt Kumar Vs. Pardeep Khajuria & Ors.’, on the following grounds:

(a) That the learned Trial Court was pleased to pass order dated 12.05.2016, whereby cognizance was taken by the learned Magistrate and vide order dated 20.04.2017, the learned trial court came to the conclusion that the offence under section 323 IPC was made out against the petitioner. As per the provisions contained in section 538-B Cr.P.C, no court can take cognizance of an offence of the category specified in sub-section 2 after the expiry of the period of limitation and period of taking the cognizance is one year, if the offence is punishable with imprisonment for a term not exceeding one year

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