THE HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.7043 of 2007 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C to quash the proceedings in C.C.No.23 of 2004, which was taken on file by the III Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 286 and 336 IPC. Admittedly, violation of Rules 87, 113 and 114 of the Explosive Rules, 1983 and Section 5 of the Explosives Act, 1984 (for short ‘the Act’) is an offence punishable under Section 9-B(1)(b) of the Act and Sections 286 and 336 I.P.C. In the instant case, the said offence took place on 23.08.2001 at 16.00 hours and the complaint was given on 23.08.2001, based on which, a case in Crime No.457 of 2001 was registered by the Station House Officer, Banjara Hills, Hyderabad on the said date itself for the offence under Sections 3 and 4 of the Act. After investigation, the police filed charge sheet on 17.04.2003 for the offence punishable under Section 9-B(1)(b) of the Act and Sections 286 and 336 I.P.C., and the same was taken on file by the V Metropolitan Magistrate, Hyderabad on 06.01.2004. Subsequently, the III Additional Chief Metropolitan Magistrate, Hyderabad took the offences under Section 286 and 336 I.P.C into cognizance on 05.09.2007. The offence under Section 286 I.P.C is punishable with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Rs.1,000/-, or with both, whereas, the offence under Section 336 I.P.C is punishable with imprisonment of either description for a term which may extend to three months, or with fine which may extend to Rs.250/- or with both. The limitation prescribed under Section 468(2)(b) Cr.P.C for taking the offence under Sections 286 and 336 I.P.C. into cognizance is one year. Admittedly, in the instant case, the crime was registered on 23.08.2001, charge sheet was filed on 17.04.2003, which was taken on file on 06.01.2004, and the learned Magistrate took cognizance of offences on 05.09.2007 i.e., beyond one year as prescribed under Section 468(2)(b) Cr.P.C. In view of the same, continuation of proceedings against the petitioners is nothing but abuse of process of law and the same are accordingly quashed. In the result, the Criminal Petition is allowed. _____________________ A. GOPAL REDDY, J Date: 12.08.2010 va