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Showing contexts for: Application under section 468 crpc in Pawan Kumar vs The State (Nct Of Delhi) on 18 November, 2014Matching Fragments
1. Present appeal has been filed against the impugned order of the trial court dated 22.7.2014, whereby the application of the appellants under Section 468 Cr.P.C was dismissed by the trial court.
2. Notice of appeal was issued to the State. The trial court record was summoned.
3. I have heard arguments addressed by Advocate Sh. Mahipal Singh counsel for the appellants and Sh. R.K. Pandey, Public Prosecutor and have gone through the material on record carefully.
After completion of investigation, the chargesheet was filed in the court for trial of the accused persons under Section 336/323/34 IPC on 26.3.2014 and Ld. trial court took cognizance for the offence as alleged in the chargesheet.
5. Present appellants preferred revision petition bearing No. 95/2014, against the aforesaid order of the trial court which was dealt with by this court itself. Therein the appellants were directed to move an appropriate application under Section 468 Cr.P.C before the trial court to raise all the issues taken up in the revision petition.
Thereafter, the revision petition was dismissed as withdrawn with an undertaking to move appropriate application before the concerned court under Section 468 Cr.P.C.
Consequently, an application under Section 468 Cr.P.C was moved before the trial court by the present appellants seeking discharge of the accused persons on the ground that the cognizance of the offence against the accused persons under Section 336/323 IPC taken by the trial court, was beyond the period of limitation prescribed under Section 468(2) Cr.P.C.