O R D E R

Dated this the 8th day of January 2021 ...

Petitioners are accused in C.C.607 of 2018 on the file of the Additional Chief Judicial Magistrate Court, Thiruvanathapuram.

2. The above case is charge sheeted against the petitioners alleging offences punishable under Sections 294 (b) and 283 r/w. Section 34 of the Indian Penal Code ( IPC ).

3. The prosecution case is that, on

14-3-2016 at 8 a.m., the accused sprinkled water, spoke abuse and opened the gate creating obstruction in front of the house of the accused when the defacto complainant was passing through the way.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. The learned counsel for the petitioners raised a single point in this case. According to him, the alleged incident happened on 14-3-2016. The final report was filed on 13-3-2018 and the learned Magistrate took cognizance of the offences on 16-3-2018. Therefore, the counsel submitted that, the learned Magistrate erred in taking cognizance because it is barred by limitation under Section 468 (2)(b) of the Cr.P.C.

6. The learned Public Prosecutor conceded that, no petition is filed for condoning the delay in filing the final report.