TMI Blog1975 (7) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... 1974. Proceedings in all these five cases have been initiated against the accused persons on a complaint filed by the State Scooter Controller, Madhya Pradesh under Sections 24 and 24A of the Industries (Development end Regulation) Act, 1951 (Act LXV of 1951) read with Clauses 5(1) and 10 of the Scooter (Distribution and Sale) Control Order, 1960. The trial Court took cognizance of the five complaints on 20-6-1974 on which date they were filed and ordered that the accused persons be summoned. Thereafter, on 1-8-1974 an application was moved on behalf of the accused persons under Section 468(2) of the Code of Criminal Procedure, 1973, raising an objection that the trial Court could not take cognizance of the alleged offence after the lapse o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the parties, I am of opinion that these petitions must be allowed. The only point for consideration, as stated earlier, is whether as to what course should be adopted by a Magistrate in taking cognizance of a case which prima facie falls under the purview of Section 468 of the Code of Criminal Procedure, 1973. In my opinion, Section 468 of the Code clearly creates a bar for taking cognizance of the offence after a lapse of period of limitation in relation to the offences of the categories specified in Sub-section (2) of Section 468 of the Code. Section 469 deals with the commencement of the period of limitation, or to say how the period of limitation shall be computed while Section 473 gives a very wide power to the Court for taking cogni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout jurisdiction. In the present case, it was not disputed before me by both the learned Counsel that the alleged date of offence is 17-9-1971 and the trial Court took cognizance of the offence without satisfying itself about the delay. On an objection raised by the accused persons, a reply was submitted by the prosecution explaining the delay. This was the novel procedure adopted by the trial Court for rectifying the mistake committed earlier. I only wish that the trial Court should have looked into the provisions of law in that regard and after having understood them should have proceeded with the case in accordance with the same. The procedure adopted by the trial Court is wholly contrary to the provisions of law. Learned Counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment is the prosecutor or prosecution is upon police report. After the delay is condoned by the Court on its being satisfied by the process referred to above, then alone it would register the case and proceed with the same in accordance with law. Before condoning the delay, although I do not find any provision of giving of notice to the accused person in Chapter XXXVI of the Code, but natural justice demands that the accused persons must be heard before passing an order in that regard as such an order is bound to affect a valuable right which accrues to the accused and which cannot be allowed to be taken away lightly. As such, they have to be heard when an application under Section 473 of the Code is moved by the prosecution before cognizan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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