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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY
Diptiben W/o Sanjeevbhai Shivabhai Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. application for quashing fir under cr.p.c. (Para 1 , 3) |
| 2. arguments regarding time limitation (Para 4 , 5) |
| 3. court's acknowledgment of undisputed facts (Para 6 , 12) |
| 4. provisions regarding limitation under cr.p.c. (Para 8 , 9 , 10) |
| 5. application of sections 469 and 470 in assessing limitation (Para 11 , 13 , 14 , 15 , 17) |
| 6. conclusion on quashing of fir (Para 18 , 19) |
JUDGMENT :
CHEEKATI MANAVENDRANATH ROY, J.
1. This Special Criminal Application under Article 226 and 227 of the Constitution of India and under Section-482 of the Cr.P.C. is filed to quash the FIR in Crime Register No.I-143 of 2010 registered with Anand Town Police Station, Anand and to set aside the order dated 06.01.2024, whereby the petition filed by the petitioner to discharge her from the Criminal Case No.1025 of 2014 on the file of 3rd Additional Civil Judge, Anand, was dismissed.
2. Heard Mr. I.H. Syed, learned senior counsel for the petitioner and Mr. Hardik Soni, learned APP for the respondent – State.
3. Facts of the prosecution case lie in a narrow compass and may be stated as follows:-
3.1 The deceased Sanjeev Patel is the husband of the petitioner herein by name Diptiben. On 08.08.2006, Sanj
The limitation period for taking cognizance of an offence is tolled for the duration the accused is absconding, allowing prosecution to proceed even after significant delays.
The period of limitation for taking cognizance of an offence is computed from the date of the offence until the date of filing the charge-sheet or complaint. Cognizance taken after the expiry of this....
Cognizance of offence – Limitation - For computing the limitation under Section 468 Cr.P.C. the relevant date is the date of filing complaint or the institution of prosecution and not the date on whi....
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....
Cognizance taken by a Magistrate after the expiration of the limitation period is unlawful, violating due process rights under Article 21 of the Constitution.
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