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Issues involved: Challenge to order rejecting application to dismiss complaint on grounds of limitation.
Summary: 1. The applicants challenged an order rejecting their application to dismiss a complaint for contravention of the Standards of Weights and Measures Act, 1985 and Rules, on the basis of being barred by limitation. 2. The complaint was lodged in 1993 alleging contravention of the Act and Rules in 1991, with the Court taking cognizance and issuing process against the accused. 3. The applicants contended that since the offences were punishable with fines only, the complaint should have been lodged within six months of the alleged offence, which was not the case here. 4. The Judicial Magistrate rejected the application, stating it was within the limitation period, leading to the present challenge by the applicants. 5. The applicants argued that the time taken to obtain sanction from the competent authority should not be excluded while computing the limitation period, as there was no statutory requirement for such sanction. 6. The Public Prosecutor opposed the application, supporting the Magistrate's decision as legal and proper. 7. The Magistrate had allowed exclusion of time taken for obtaining sanction, leading to the complaint being lodged within the limitation period. 8. The key question was whether exclusion of time for obtaining sanction was justified in computing the limitation period for lodging the complaint. 9. The relevant provisions of the Acts did not mandate obtaining prior sanction for the Court to take cognizance of the offences punishable under them. 10. Section 470(3) of the Code allows exclusion of time for obtaining consent or sanction only where required by law, which was not the case here. 11. As no provision mandated obtaining sanction for these offences, the complaint was filed beyond the limitation period, making it barred by limitation and the Magistrate's order contrary to statutory provisions. 12. The application was allowed, quashing the Magistrate's order and dismissing the criminal case due to being barred by limitation. Separate Judgement: None.
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