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M. NAGAPRASANNA
B. S. Suresh – Appellant
Versus
State of Karnataka – Respondent
ORDER (ORAL)
The petitioners - accused Nos.1 and 2 are before this Court calling in question the proceedings in C.C.No.56902/2019, registered for offence punishable under Section 285 of the IPC and Section 25 of the Karnataka Fire Force Act, 1964.
2. Heard the learned Senior counsel Sri. Sandesh J. Chouta, appearing for the petitioners and the learned Additional State Public Prosecutor appearing for the respondents.
3. The subject building is said to have been constructed in terms of the sanction plan and a completion certificate is also in place on 27.12.2005. It is a commercial complex. In a public interest petition before the Division Bench in W.P.No.38073/2010, a general direction was issued to the fire department to put in place preventive measures for high rise buildings by issuance of a notification under Section 13 of the Karnataka Fire (Services) Force Act, 1964. Long thereafter, the first petitioner purchases the commercial complex on 05.02.2014 and in terms of the revised master plan, certain safety measures were taken in compliance with the Act, is the averment in the petition. The Fire Department is said to have inspected the premises on three dates. On 31.12.2017, 05.0
Cognizance of offence – Period of limitation – Relevant date is date of filing of complaint or date of institution of prosecution and not date on which Magistrate takes cognizance of offence.
The court established that the date of filing a complaint is critical for determining the limitation period under Section 468 of the Cr.P.C., not the date of taking cognizance.
Point of Law : Language of Section 468(3) makes it imperative that the limitation provided for taking cognizance is in respect of the offence charged and not in respect of offence finally proved.
(1) Cognizance of offence(s) – Bar of limitation – Date of filing complaint or date on which criminal proceedings are initiated is relevant date for the purpose of counting limitation.(2) Administrat....
Point of law : "cognizance" is an act of the Court. The term "cognizance" has not been defined in Cr.P.C, That means taking of cognizance is application of mind or takes judicial notice of an offence....
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