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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Azad Hussain – Appellant
Versus
State of Assam [Being represented by PP, Assam] – Respondent
| Table of Content |
|---|
| 1. factual context of the criminal proceedings. (Para 2 , 3 , 4 , 5) |
| 2. contention of time bar in the proceedings. (Para 6 , 7) |
| 3. interpretation of section 468 crpc on limitation. (Para 9 , 11) |
| 4. determination of limitation based on complaint filing date. (Para 10 , 14 , 15) |
| 5. conclusion on dismissal of the petition. (Para 16 , 17) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Ms. S. Kar, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
2. This criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [previously, Section 482 of the Code of Criminal Procedure, 1973] is preferred seeking setting aside and quashing of the proceedings of G.R. Case no. 45/2017 and Police Report Case [PRC] no. 153/2024, which arose out of Joypur Police Station Case no. 04/2017, presently pending before the learned Sub-Divisional Judicial Magistrate [M], Lakhipur, Cachar [‘the Trial Court’, for short].
3. The facts relevant for the purpose of adjudication of the instant criminal petition can be narrated, briefly, at first. One Jadumoni Sharma, Officer In-Charge [I.O.], HSLC Examination Centre,
Cognizance in criminal proceedings is valid if the FIR is filed within the limitation period, relying on the date of filing complaints rather than the date of 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....
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....
For computing limitation under Section 468 Cr.P.C., the relevant date is the filing of the complaint, not when the magistrate takes cognizance.
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