ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.701/2017 on the files of Judicial First Class Magistrate Court-II, Aluva. The above case is registered based on Annexure A3 final report in which the offences alleged are under Section 341, 323 read with 34 of the IPC.

2. The short point raised by the petitioner is that, the learned Magistrate erred in taking cognizance based on Annexure A3 final report because it is barred by limitation under Section 468 Cr.P.C. Since the details of the dates for assessing the limitation period are not available, this Court directed the registry to get a report from the Jurisdictional Court to find out whether the final report is filed within the period of limitation. The Judicial First Class Magistrate Court-II, Aluva submitted a report dated on 04.10.2024. The relevant portion of the above report is extracted hereunder.

“ By the reference cited above, I have been directed to report whether the final report has been filed in Crime No.858/2012 Aluva West Police Station (CCNo.701/2017 on the files of this court) within the limitation period as prescribed in the Code of Criminal Procedure.

On verification of records of CC No.701/2017 on the files of this court it is seen that the accused is charged-sheeted for offences under ss.341, 323 r/w 34 IPC for an incident that allegedly happened on 03.04.2011. This case was initiated on the basis of a complaint (CMP 2202/2012) filed by Sri.Sebastian (CW1) before this court on 21.12.2012 which was forwarded to Aluva West Police Station for investigation as per s.156(3) of Cr.P.C. In CMP 2202/2012 the complainant had alleged that though police was informed of the incident by way of a petition, FIR was not registered. Copy of the petition allegedly submitted before the police has not been furnished by CW1 along with CMP 2202/2012. As per the order of this court, the police has registered FIR based on CMP 2202/2012 on 24.12.2012. After completing investigation the final report bearing the date 26.01.2013 has been submitted before this court. From the dated seal of the court that is seen on the final report, it appears that the same was received in the office of this court on 16.03.2013. As per s.468 (2)

(b) of Cr.P.C. this court is barred from taking cognizance of an offence under s.323 IPC on expiry of 1 year from the date of occurence. As the date of the alleged occurence is 03.04.2011 the charge-sheet ought to have been filed on or before 03.04.2012. it is seen that even CMP 2202/2012 was filed before this court on 21.12.2012, ie, after the period of limitation. No petition to condone delay is seen to have been filed along with the charge-sheet.

On verification it is seen that the charge-sheet was returned for curing defect on 10.04.2017 for want of accused copy. Charge-sheet is seen to have been resubmitted on 14.08.17 and taken on the file as CC 701/2017 on 26.08.2017. It appears that the case was taken on file without noting the bar of limitation or condoning the delay as per s.473 Cr.P.C. As per the order dated 10.04.2018 in Crl.MA 3681/18 in Crl.MC 2480/18 of the Hon’ble High Court of Kerala, the proceedings in CC No.701/2017 on the files of this court was stayed.” (SIC)

3. In the light of the above report, it is clear that the case was taken on file without noting the bar of limitation. If that is the case, taking cognizance based on Annexure A3 is to be set aside.

Therefore, this Crl.M.C. is allowed and all further proceedings against the petitioner in C.C.No.701/2017 on the files of Judicial First Class Magistrate Court-II, Aluva are quashed.