IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Crl.MC.No. 3905 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31782/2006 Dated 08/12/2006 CC.1281/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER): --------------- SAJAN @ SAJAN J.MANJOORAN S/O.MANJOORAN JOSE, AGED 41 YEARS POYYA VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE MALA POLICE STATION, MALA 673 002. 3. JOHNY, S/O.NEDUMPARAMBIL LONAPPAN POYYA VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT. 673 001 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3905 of 2011 APPENDIX PETITIONER(S) ANNEXURES: ANNEXURE 1:- TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.23493/2006 DT.1.9.2006. ANNEXURE 2:- TRUE COPY OF THE JUDGMENT IN WPC.31782/06 DT.8.12.2006 ANNEXURE 3:- TRUE COPY OF THE DECREE IN OS.738/05 DT.18.8.2008. ANNEXURE 4:- CERTIFIED COPY OF THE FIR IN CR.439/06 ANNEXURE 5:- CERTIFIED COPY OF THE CHARGE SHEET IN CR.439/06 OF THE MALA POLICE STATION SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT. RESPONDENTS' ANNEXURE : NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 3905 of 2011 ------------------------------------------ Dated this the 17th day of November, 2011 ORDER Petitioner is one of the accused in CC.1281/10 on the file of JFCM, Chalakudy. Cognizance was taken against the petitioner and his wife for offences punishable under Sections 341, 323, 506(1) and 294(b) r/w 34 IPC. The learned counsel submits that as per the charge sheet the incident took place on 27/10/2006. The report was filed in court beyond the period of 3 years which is the period of limitation prescribed under Section 468 Cr.PC. It is pointed out that, the case was taken on file on 13/12/2010 as CC. 1281/10 which can be seen from the date of seal of the Magistrate. But it is not clear when the final report was filed. It is not clear whether there was any prayer for condonation of delay. Since the case is now pending before the learned Magistrate, the petitioner can raise this plea of Crl.M.C.No. 3905 of 2011 -: 2 :- limitation before the Magistrate. If such plea is raised before the Magistrate, the learned Magistrate will consider that plea and decide the matter in accordance with law. N.K. BALAKRISHNAN, JUDGE smvd