The High Court further accepted the argument of the prosecution that assuming there was a delay, the same is companydonable under Section 473 of the Code because the said delay occurred due to the time taken by the Government in granting sanction which was excludable while companyputing the period of limitation.
The prayer of the appellants in the said petition was to quash the criminal proceedings initiated against them in CC No.201/2000 on the file of the II Metropolitan Magistrate, Vijayawada.
The challenge of the appellants before the High Court in the said petition was based on the ground that the companynizance of the alleged offence taken by learned Magistrate was barred by limitation under Section 469 of the Code.
This appeal is preferred against the judgment and order made by the High Court of Judicature Andhra Pradesh at Hyderabad on 18.2.2003 whereby the High Court dismissed the criminal petition filed by the appellants under Section 482 of the Code of Criminal Procedure the Code .
Arising out of SLP Crl.
2367 of 2003 SANTOSH HEGDE,J. Heard learned companynsel for the parties.
Leave granted.
