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SUPREME COURT OF INDIA
R.M. Lodha, T.S. Thakur, Anil R. Dave, JJ.
Sarah Mathew - Appellant
Versus
Institute of Cardio Vascular Diseases and Ors. - Respondents
Criminal Appeal No. 829 of 2005
Decided on : 6.9.2012
Conflict in Three Judge Bench Decision - Limitation Period - Date of Filing of Complaint or Institution of Prosecution
Fact of the Case:
The matter has been referred to a three Judge Bench due to a direct conflict in the decisions of the Court regarding the computation of the limitation period for filing complaints or instituting prosecutions.
Finding of the Court:
The Court found a conflict between the decisions and was persuaded by the view that the relevant date for computing the limitation period should be the date of filing of the complaint or institution of prosecution, rather than the date of taking cognizance by a Magistrate or issuance of process by a Court. The Court also noted the potential prejudice to the prosecution or the complainant due to inaction by the Court in taking cognizance swiftly or within the limitation period.
Issues: The main issue was the conflict in the decisions regarding the computation of the limitation period for filing complaints or instituting prosecutions.
Ratio Decidendi: The Court decided to refer the matter to a Five Judge Bench to examine the correctness of the view in the earlier decision, as it could not declare that the earlier decision did not lay down the correct law.
Final Decision: The papers were to be placed before the Hon'ble the Chief Justice for the constitution of an appropriate Five Judge Bench to examine the correctness of the view in the earlier decision.
ORDER :
1. This matter has been referred to a three Judge Bench as there is a direct conflict in the three Judge Bench decision of this Court in Krishna Pillai v. T.A. Rajendran and Anr., 1990 (Supp.) SCC 121 on the one hand and the two Judge Bench decisions; (one) Bharat Damodar Kale and Anr. v. State of A.P., (2003) 8 SCC 559; (two) Japani Sahoo v. Chandra Sekhar Mohanty, (2007) 7 SCC 394, on the other. The later two decisions have not noted the earlier decision in Krishna Pillai (supra).
2. We have heard Mr. K. Swami, learned counsel for the appellant and Mr. K.V. Viswanathan, learned senior counsel for respondent no. 1 for some time. Prima facie, we are persuaded by the decision in Bharat Damodar Kale (supra) which has been followed in Japani Sahoo (supra) wherein it has been held that for the purpose of computing the period of limitation, the relevant date must be considered as the date of filing of complaint or the institution of prosecution and not the date of taking cognizance by a Magistrate or issuance of process by a Court. The three Judge Bench in Krishna Pillai (supra) has not adverted to diverse aspects including the aspect that inaction on the part of the Court by not taking cognizance swiftly or within limitation, although the complaint has been filed within time or the prosecution has been instituted within time, should not act prejudicial to the prosecution or the complainant.
3. As a co-ordinate Bench, we cannot declare that Krishna Pillai (supra) does not lay down correct law. We are, therefore, of the view that matter should be referred to a Five Judge Bench to examine the correctness of the view in Krishna Pillai (supra).
4. Let the papers be placed before the Hon'ble the Chief Justice for constitution of an appropriate Bench.
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