This is an application for the quashment of proceedings against the petitioner in a case under section 6(1)-A of West Pakistan Shops and Establishment Ordinance, 1969.
2. The learned counsel for the petitioner submits that since the complaint was not submitted within the limitation, the Court was not competent to take congizance of the same. He explains that under section 29 of the said Ordinance, the Court cannot take cognizance of offence under this Ordinance unless the complaint thereof is made within 3 months from the date on which the commission of the alleged crime comes to the knowledge of the Inspector.
3. The learned counsel submits that since the commission of the offence had come to the knowledge of the Inspector on 1.9-4-1981, the Court was not competent to take cognizance on 13-8- 1981.
As against this, the learned counsel for the State submits that the complaint has been submitted on 2-5-1981 and as such, the Court was competent to take cognizance of the offence even on 13-8- 1981.
4. After hearing the learned counsel and going through the record I find from Annexure 'A', the certified copy of the challan that the challan (complaint) in fact was produced before the Court on 13-8-1981, i.e. More than 3 months of the date when the commission of the crime came to the knowledge of the Inspector and as such, the Court was not competent to take) cognizance of the crime.
For what has been stated above, the proceedings against the petitioner are, hereby, quashed.