D. P. S. CHAUHAN, J.

Counter-affidavit filed. Heard the learned counsel for the applicants and the learned Additional Public Prosecutor.

2. Learned counsel for the applicants submitted that the date of occurrence was 4-1-1990 and the F. I. R. was lodged on 4-3-1990 and on this submission was advanced that the F. I. R. was highly belated.

3. Learned Additional Public Prosecutor produced a copy of the F. I. R. which shows the date of occurrence and date of information as 4-1-1991 but at the bottom below and above the signatures of the Lekhan the date 4-2-1990 is mentioned.

4. However, in view of the averments made in paragraph 4 of the affidavit filed in support of the application, this Court issued a notice to the deponent of the affidavit, Shri Radhey Shyam, on 16-3- 1990, to show cause as to why proceedings under Section 340, Cr. P. C. , may not be taken against him.

5. In para 2 of the counter-affidavit it is stated that the date of occur rence and date of lodging of the F. LR. is 4-2-1990 but, by mistake, the Munshi of P. S. Kotwali, Lalitpur, wrote 4-1-1990 istead of 4-2- 1990.

6. On account of the pendency of the proceedings under Section 340, Cr. P. C. and the aforesaid incor

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