I.S.Tiwana, J. - The petitioners complaint under Section 403 Indian Penal Code against her husband (since divorced) has been dismissed by Sessions Judge on the ground that the same was barred by limitation as laid down in section 468(2) (c) of the Code of Criminal Procedure. For this conclusion of his the Sessions Judge has primarily relied upon the averments made in para 4 of the complaint, which reads as under :-

"That shortly after the marriage the said Sh.Rajinder Nath started maltreating the complainant, manhandled her, permanently disabled her hearing faculties and she was thrown out of her matrimonial home in October, 1973 in there wearing apparel only and since she is living with her parents all the articles of Istri Dhan as detailed in Annexure A which were given by the parents of the applicant for her exclusive use were forcibly retained by the said Sh. Rajinder Nath because of the peculiar circumstances at that time."

2. He formed the opinion that the moment the petitioner was thrown out by the respondent from her matrimonial house an offence under Section 403 Indian penal Code too was committed. This conclusion of the learned Sessions Judge appears to me to be wholl