IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.MC.No. 4741 of 2010() ------------------------- CRIME NO. 196/99 OF NADAKKAVU POLICE STATION ............................................. PETITIONER / 3RD ACCUSED: ------------------------------------------ PRAVEEN KUMAR, S/O.BALAN NAMBIAR, SOBHANA MANDIR, NADUVANNOOR AMSOM DESOM, KOTTOOR,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT / COMPLAINANT / STATE: ---------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4741 OF 2010 --------------------------------------------- Dated 3rd December, 2010 O R D E R Petitioner was third accused in C.C.526/2001 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode. As petitioner along with the second accused was absconding, the case against them was split up and refiled as C.C.87/2005. First accusd was tried. By Annexure-III judgment, he was acquitted for the offence under Section 482 of Indian Penal Code. Prosecution case is that on 15/5/1999 first accused, with the intention to evade payment of tax, went to the workshop to change chasis number of Maruti car KL-01.H.1267 and on getting information, Sub Inspector of Police Crmc 4741/10 2 proceeded to the workshop. By that time the vehicle was taken away. On search, it was found parked on the side of the road at West Hill Chunkam. On search of the car photocopy of the registration certificate of another vehicle was found inside the car. Alleging that first accused committed the offence in furtherance of their common intention with accused 2 and 3, an offence under Section 482 of Indian Penal Code was committed final report was filed. By Annexure-III judgment learned Magistrate acquitted the first accused finding that there is no evidence to prove that first accused had used false property mark and prosecution case is only that copy of registration certificate of another vehicle and the registration number of that vehicle was found inside the car. Petition is filed under Section 482 of Code of Crmc 4741/10 3 Criminal Procedure to quash the proceedings now pending against the petitioner as C.C.87/2005 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode contending that as maximum sentence provided for an offence under Section 482 of Indian Penal Code is imprisonment upto one year, as provided under Section 468 of Code of Criminal Procedure cognizance should have been taken within one year and cognizance of the offence was taken only on 25/9/2001 beyond the period of limitation and therefore, on that sole ground, cognizance taken is to be quashed. It is also contended that in view of the prosecution case, even if petitioner is to be tried, there is no likelihood of a conviction as first accused who was found in possession of the vehicle was acquitted. Crmc 4741/10 4 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Section 482 of Indian Penal Code provides for punishment for using a false property mark. Under the Section whoever uses any false property mark shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both, unless he proves that he acted without intent to defraud. As rightly pointed out by the learned counsel appearing for the petitioner prosecution has no case that accused had used the property mark of another vehicle namely, either the chasis number, engine number or registration number of another car which was found in the possession of the first accused. The only allegation is that first Crmc 4741/10 5 accused had gone to a workshop to change the chasis number and the registration number and getting information Sub Inspector reached the workshop and then it was disclosd to the Sub Inspector that ten minutes earlier a person had approached the workshop to change the chasis number and he was in his possession copy of registration certificate of another vehicle and he had left the workshop. On this information, Sub Inspector proceeded and found the car parked on the side of road. It was found that inside the car there was another registration number and photocopy of registration certificate of another vehicle. Even if this case is accepted and petitioner is tried, he cannot be convicted for the offence under Section 482 of Indian Penal Code, especially when by Annexure-III judgment, first Crmc 4741/10 6 accused, who alone was found in possession of the vehicle, was already acquitted. More over, as pointed out by the learned counsel appearing for the petitioner, Section 468(b) of Code of Criminal Procedure provides period of limitation, for an offence punishable with imprisonment for a term not exceeding one year, as one year. Under Sub Section 1 of Section 468, no Court shall take cognizance of an offence of the category specified in sub section 2 after the period of limitation. Therefore, when the offence was allegedly committed on 15/5/1999, learned Magistrate could not have taken cognizance of the offence as provided under Section 468 of Code of Criminal Procedure, after expiry of one year from 15/5/1999, except by exercising the power provided under Section 473 of Code of Criminal Crmc 4741/10 7 Procedure. The final report does not show that any reason was shown to enable the Court to exercise the jurisdiction under Section 473 of Code of Criminal Procedure. In such circumstances, on that ground also the case pending against the petitioner is liable to be quashed. Petition is allowed. C.C.87/2005 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.