CMP 405/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CRIMINAL MISC. PETITION NO.405/07 Lokendra Singh Versus State DATE OF ORDER :: 08/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. N.K. Singhal, for petitioner Mr. Arun Sharma, Public Prosecutor *** Instant petition has been filed assailing order dated 18th September, 2006 whereby trial Judge took cognizance against accused-petitioner for offence u/s.182 IPC. Petitioner initially filed a complaint on which FIR No.60/01 dated 4th March, 2001 was registered for offence u/ss.447 & 379 IPC. Investigation was made by the Investigating Officer and finally FR No.35/01 was submitted on 24th June, 2001 in which it was observed that a false complaint has been made and no offence is made out. It is not disputed that FR was accepted by trial Judge on 10th May, 2006 and after its acceptance, took cognizance against accused- petitioner vide order dated 18th September, 2006. Main grievance of petitioner questioning the order impugned is that it is barred by limitation provided u/s.468 of the Code. As such, the very order taking cognizance is not legally sustainable and he further submits that both the Khasra Nos.1093 & 1078 belong to accused- petitioner and it has been observed by the CMP 405/07 [2] Investigating Officer in his report that crops have been harvested from Khasra No.1078. As such, it cannot be said to be an apparent false complaint. The written report filed by petitioner was in relation to Khasra No.1093 and there is no offence of any nature which has been committed with regard to harvesting crops from said khasra number of which complaint was lodged by present petitioner. As such, the submission made so far as merit is concerned, is of no substance. So far as legal objection with regard to limitation provided u/s.468 of the Code is concerned, in opinion of this court the complaint could have been considered only after FR was accepted by learned trial Judge. In the instant case, trial Judge accepted the FR on 10th May, 2006 and cognizance has been taken for making false complaint for offence u/s.182 IPC on 18/9/06 which is much within limitation and objection raised by petitioner is of no substance. Consequently, the misc. petition fails and is hereby dismissed. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.405CMP2007 8-1.doc