IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Crl.MC.No. 2861 of 2008() ------------------------- CC.62/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER/ACCUSED: ---------------------------------- GOPI S/O VELU, KARIPPELIKUDI HOUSE, P.O. NERIYAMANGALAM, KANJIRAVELI-KADIKANDAM DESOM, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: ------------- DEPUTY RANGER, FOREST STATION, VALARA, OFFIE OF THE RANGE OFFICER, NERIYAMANGALAM RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRU. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2861 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2008 O R D E R The petitioner, against whom a prosecution under Section 27(1)(e) of the Kerala Forest Act has been initiated, has come to this Court with a grievance that cognizance has been taken without adverting to the bar of limitation in Chapter XXXVI Cr.P.C. 2. Report of the learned Magistrate was called for and the report shows that the petitioner faces indictment for the offence under Section 27(1)(e) (iii) and (iv) of the Kerala Forest Act. The alleged acts are offences punishable with imprisonment which may extend to five years. As per the Amendment Act 2 of 1993 the offence is now punishable with effect from 12.11.1992 with imprisonment for a period of five years and in these circumstances the provisions of Chapter XXXVI have no application whatsoever, points out the learned Magistrate. The learned Prosecutor in these circumstances prays that this Crl.M.C. may be dismissed. Crl.M.C.No. 2861 of 2008 2 3. I have gone through the allegations raised in the complaint. If believed, offences punishable under Section 27(1)(e)(iii) and (iv) are made out. Those offences are punishable with imprisonment for a period which may extend to five years now. On the date of the occurrence in this case also the offence was so punishable. In these circumstances I agree with the learned Prosecutor that there is no merit in the contention that the prosecution is barred by limitation. This petition only deserves to be dismissed. 4. The learned counsel for the petitioner submits that the petitioner has other contentions on merits to be advanced in the course of the trial. Needless to say, such contentions can be raised before the learned Magistrate at the appropriate stage. Dismissal of this Crl.M.C. will not in any way fetter the rights of the petitioner to raise all other contentions on merit before the learned Magistrate in the course of the trial. 5. This Crl.M.C. is dismissed with the above observations. (R. BASANT) Judge tm