Back
ANOOP KUMAR DHAND
Manoj Kumar Chaudhary – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge to cognizance based on limitation. (Para 1 , 2 , 3) |
| 2. factual basis of fir and charge sheet. (Para 4 , 5) |
| 3. cognizance timing and limitation interpretation. (Para 6 , 7) |
| 4. court's decision on petition dismissal. (Para 8 , 9) |
| 5. direction for future action based on circular. (Para 10 , 11 , 12 , 13) |
ORDER :
Anoop Kumar Dhand, J.
Instant petition has been filed by the petitioners against the impugned order dated 03.04.2014 passed by the Additional Civil Judge (JD) and Metropolitan Magistrate No. 24, Bassi Jaipur, Metropolitan (for short, 'learned Magistrate') in criminal case No. 460/2014 by which the cognizance has been taken against the petitioners under Section 323 IPC.
2. Counsel for the petitioners submits that the date of alleged offence is 05.09.2012 while time barred cognizance has been taken against the petitioners vide order dated 03.04.2014. Counsel submits that as per the provisions contained under Section 468 Cr.P.C., the limitation for taking cognizance is one year. Counsel submits that looking to the provisions contained under Section 468 Cr.P.C., cognizance has been taken against the petitioner after expiry of the period of limitation. Hence, u
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....
(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....
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.
For computing limitation under Section 468 Cr.P.C., the relevant date is the filing of the complaint, not when the magistrate takes cognizance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
