An order of the II Metropolitan Magistrate dated January 10, 2010 discharging Sanjeve Ashokan, an associate of idol smuggler Subash Chandra Kapoor, from an idol theft case, was set aside by the III Additional Sessions Judge in Chennai, on Wednesday.
The Idol Wing police registered a case against Sanjeve on August 24, 2008 for offences under the Antiquity, Art and Treasure (AAT) Act and under the Madras City Police Act. The final report was filed on May 17, 2010.
Holding that there was an enormous delay of 265 days in filing the final report beyond the limit precribed in the CrPC, the Magistrate discharged Sanjeve from the case.
The DSP, Idol Wing-CID in Anna Nagar, preferred the revision petition. Though the FIR was booked on August 24, 2008, the absconding accused was held and produced before court under transfer warrant only on April 14, 2009. Hence, the limitation should be computed in respect of this case from the date of his arrest only as contemplated under Sec 470(4)(c) of the CrpC and the period of 232 days should be excluded. The Magistrate had failed to consider this fact. The antiquity was declared only on May 4, 2009, which constrained the police to alter the section in AAT Act. The sanction was requested and it was granted on September 4, 2009. The police had got the benefit as prescribed under section 470(3) of the CrPC. Hence, the period of 123 days should be excluded, the DSP said.
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