Judgement

A. GOPAL REDDY, J. :- This matter has come up before this Court on a reference by a learned single Judge of this Court to consider the question :

"Whether the date of filing of the complaint or the date of the Court taking cognizance of the offence is relevant for the purpose of S. 468, Cr. P.C.?"

2. The question of law involved in this case, though short one, has been the subject of conflicting decisions of the Supreme Court in Krishna Pillay v. T. A. Rajendran, 1990 (Supp) SCC 121 and Bharat Damodar Kale v. State of Andhra Pradesh, 2004 (1) ALD (Crl) 27 (SC) : (2003 Cri LJ 4543).

3. The learned single Judge expressed his inability to agree with the view taken by this Court in Crl. P. No. 3572/2003 wherein it was held that the date of taking cognizance of the offence by the Magistrate is relevant and not the date of filing of the complaint before the Court for the purpose of S. 468, Cr. P.C. Hence made the reference.

4. In order to appreciate the question arising for determination, facts-in-brief may be stated thus : State through Inspector, Legal Metrology, Mahabubabad filed a complaint under S. 72 of the Standards of Weights and Measures Act, 1976 (for short "the Act") agai