S.B. Criminal Misc. Petition No.505/2004 Aamana and Anr. Vs. Dwarka Prasad and ors. Dated : 01.04.2010 HON'BLE MR. MAHESH BHAGWATI,J. None present, for the petitioners. Mr. Rinesh Gupta for the respondents. *** Having perused the relavant material on record, it is found that a case came to be filed against the non- petitioners for the offence under Sections 166, 167, 323, 341 and 342 of IPC on 27th January, 2000 in the Court of Additional Chief Judicial Magistrate No.2, Kota. In this case the occurrence took place on 19th July, 1993. The learned Additional Chief Judicial Magistrate No.2, Kota observed that the order of taking cognizance in the case was barred by limitation under Section 468 of Cr.P.C., as the police report must have been filed within a period of three years and having found the order of taking cognizance being barred by limitation, discharged the non-petitioners namely, Dwarka Prasad, Bhagwat Singh and Abdul Majid for the offence under Sections 166, 167, 323, 341 and 342 of IPC. Aggrieved with this order, the petitioners filed a criminal revision in the Court of Special Judge SC/ST Cases, Kota. The learned Special Judge, in its revisional jurisdiction, while -2- considering the entire matter on record, found that undeniably and un-disputedly, the order of taking cognizance by the court below was barred by limitation under Section 468 of Cr.P.C and dismissed the revision and maintained the order dated 21st April, 2001 rendered by Additional Chief Judicial Magistrate No.2, Kota. Having carefully scanned the impugned orders of the courts below, they seem to be just and proper in the eye of law which, in my firm view, warrants no intervention and the petition deserves to be dismissed. In view of the above, the criminal Misc. Petition filed under Section 482 of Cr.P.C. being bereft of any merit, stands dismissed. (MAHESH BHAGWATI)J. Pcg