Court No. - 34
Case :- APPLICATION U/S 482 No. - 6972 of 2002 Applicant :- Dr. P.B. Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwini Kumar Awasthi,Manish Tiwary Counsel for Opposite Party :- Govt. Advocate,Ajay Yadav,I.N. Singh,Ramjeet Yadav
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Manish Tiwary, learned counsel for applicant and learned AGA for State of U.P.
2. Learned counsel for applicant contended that cognizance has been taken after period of expiry of limitation under Section 468 Cr.P.C. and this plea was taken in the objection filed before Court below as is evident from para-3 but has not been considered by Magistrate concerned and passed order dated 06.07.2002.
3. I find that plea of bar of limitation was specifically taken but has not been considered by Magistrate concerned. Applicant is, therefore, permitted to raise this plea by moving appropriate application before Magistrate concerned. If such an application is moved, Court below is directed to consider and decide the same and pass appropriate order after giving opportunity to parties concerned, expeditiously, in accordance with law.
4. With the aforesaid direction, this application is disposed of.
Order Date :- 30.7.2019 Siddhant Sahu