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2018 Supreme(Mad) 3278

G.K.ILANTHIRAIYAN
Thangarajaiah – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
K.N. Thambi, Adv., C. Godwin, Adv.

JUDGMENT

G.K. ILANTHIRAIYAN, J.

1. The Criminal Original Petition has been filed to call for the records in C.C.No.60 of 2015 on the file of the Court of the learned Judicial Magistrate, Eraniel and quash the same in so far as the petitioners are concerned.

2. The petitioners have been charged for the offences punishable under Sections 294(b), 427 and 506(ii) IPC. The case of the prosecution is that on 05.06.2012 at about 5.00 a.m, when the defacto complainant proceeded to purchase milk, the petitioners and another scolded with filthy language and caused damages to the fencing and also threatened with dire consequences by showing deadly weapons.

3. The learned counsel appearing for the petitioners would contend that except the offence under Section 294(b) IPC, the other offences are non-cognizable offences. The period of limitation for taking cognizance of the offence under Section 294(b) IPC is one year. In the present case, the occurrence allegedly took place on 05.06.2012 and charge sheet has been filed on 12.02.2015. Therefore, the charge for the offence under Section 294(b) is hit by Section 468 Cr.P.C and the same is liable to be quashed. Further, he would submit that on the date

















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