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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
BUDI HABUNG
Yumlam Tani, S/o. Sri Yumlam Solung – Appellant
Versus
State of A.P., Through its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. consolidation of related petitions involving time-barred criminal proceedings. (Para 1 , 2 , 3 , 4) |
| 2. statutory framework governing limitation for taking cognizance of criminal offences. (Para 5 , 6) |
| 3. conflicting arguments on calculating limitation: date of incident versus date of charge-sheet. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. limitation period is measured from incident until filing of charge-sheet. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. strict requirement to justify delay under section 473 cr.p.c. to prevent fatal limitation bars. (Para 25 , 26 , 27) |
| 6. quashing of proceedings due to time-bar without condonation of delay. (Para 28 , 29 , 30 , 31 , 32 , 33) |
JUDGMENT :
BUDI HABUNG, J.
Heard Mr. U. Bori, learned counsel for the petitioners. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent.
2. These criminal petitions filed under Section 482 of the Cr.P.C. [corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023] are directed against the order dated 18.01.2017 passed by the learned Judicial Magistrate First Class, Yupia [in short ‘learned JMFC’] and the order dated 20.09.2017, passed b
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....
For computing limitation under Section 468 Cr.P.C., the relevant date is the filing of the complaint, not when the magistrate takes cognizance.
(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....
For computing the period of limitation under Section 468 of the Code of Criminal Procedure, 1973, the relevant date is the date of filing the complaint or initiating criminal proceedings, and not the....
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.
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