K.L. Shrivastava, J.

1. This revision petition is directed against the order dated 7-9-1989 passed by the Judicial Magistrate First Class, Thandla in Criminal Case No. 339/89 where by the application filed by the petitioners on 3-9-1989 objecting to the jurisdiction of the Court to try the case has been rejected.

2. Circumstances giving rise to the revision petition are these : - Police Thandla on 9-8-1989 prosecuted the petitioners in respect of offences Under Sections 37 and 39 of the M. P. Excise Act, 1915 (for short 'the Act') allegedly committed on 29-4-1988. The petitioners put in appearance and filed the aforesaid application stating that cognizance of the aforesaid offences which are non-cognizable could not be taken on police charge-sheet and further that the prosecution is time barred.

3. The learned Magistrate held that as the excise commissioner has specially permitted the police in the matter, no exception can be taken to the prosecution. Regarding limitation it has been held that in view of the special permission dated 4-7-1989 by the Excise Commissioner, cognizance of the offence could be taken even after six months from the date on which the offences are alleged t