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S.B.Cr.Misc.Petition No.1539/2008
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B.CRIMINAL MISC.PETITION NO.1539/2008
Sanjeev Kumar & Ors.
Vs.
State of Rajasthan & Anr.
Date of Order :: 14/09/2009
PRESENT
HON'BLE MR.JUSTICE H.R.PANWAR
Mr.Rajendra Charan, for the petitioners.
Mrs.Rajlaxmi Singh Choudhary, PP for the State.
Mr.Vipin Mankad, for the respondent No.2
BY THE COURT:
By the instant criminal miscellaneous petition under
Section 482 Cr.P.C., the order dated 5.11.2008 passed by
Sessions Judge, Hanumangarh (for short, “the Revisional Court”
hereinafter) whereby the revision petition filed by the
petitioners against the order dated 25.9.2008 passed by
Judicial Magistrate, Hanumangarh (for short, “the trial Court”
hereinafter) in Criminal Case No.108/2007, has been dismissed.
I have heard learned counsel for the parties.
Carefully gone through the orders passed by two courts below.
It is contended by learned counsel for the
petitioners that order taking cognizance is barred by period of
limitation.
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S.B.Cr.Misc.Petition No.1539/2008
In the instant case, the offences alleged against the
petitioners are under Sections 498-A and 406 IPC. The period
of Limitation would commence from the date the petitioners
misappropriated and committed criminal breach of trust and
declined to return the articles of the complainant entrusted to
them. Keeping in the decision of Hon’ble Supreme Court in
Bharat Damodar Kale Vs. State of Andhra Pradesh, (2003) 8
SCC 559, in my view, both the courts below were justified in
passing the orders impugned. It cannot be said that the order
of the trial court taking cognizance against the petitioners is
barred by period of limitation.
In this view of the matter, no case warranting
interference is made out. The criminal misc. petition is devoid
of merit and the same is hereby dismissed.
(H.R.PANWAR), J.
NK
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S.B.Cr.Misc.Petition No.1539/2008
S.B.CRIMINAL MISC.STAY PETITION NO.2572/2008
IN
S.B.CRIMINAL MISC.PETITION NO.1539/2008
Date of Order :: 14/09/2009
HON’BLE MR.JUSTICE H.R.PANWAR
Mr.Rajendra Charan, for the petitioners.
Mrs.Rajlaxmi Singh Choudhary, PP for the State.
Mr.Vipin Mankad, for the respondent No.2
Since the criminal miscellaneous petition itself has
been dismissed, the stay petition also stands dismissed.
(H.R.PANWAR), J.
NK