HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.14800 of 2013 Date: 10-6-2014 Between Aravapalli Bose … Petitioner/ Accused and The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.14800 of 2013 Order:
The petitioner allegedly committed offences under Sections 341 and 188 read with Section 34 IPC.
The complaint was lodged on 18-01-2012. The petitioner along with others allegedly indulged in rioting and other activity punishable under Sections 188 and 341 IPC. Although the incident occurred on 18-01-2012 and although the First Information Report (FIR) was registered on the same day, charge-sheet has not been filed so far.
2. The punishment for the offence under Section 341 IPC is one month; the punishment for the offence under Section 188 IPC is also for one month.
The limitation for an offence punishable with less than one year is one year under Section 468 Cr.P.C.
Where the charge-sheet has not been filed within one year from the date of the offence, the prosecution stands barred by limitation. Consequently, the FIR is liable to be quashed so far as the petitioner is concerned.
3. Consequently, this criminal petition is allowed. The FIR in Crime No.13 of 2012 on the file of Gannavaram Police Station, Krishna District stands quashed so far as the petitioner is concerned.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
10th June, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.14800 of 2013 10th June, 2014. (Ak)