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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Radha Devi – Appellant
Versus
State Of Rajasthan – Respondent
Order :
FARJAND ALI, J
1. By way of filing the instant misc. petition under Section 482 Cr.P.C., challenge has been made to the order dated 11.08.2009, whereby the learned Judicial Magistrate, Sanchore has taken cognizance of offence under Section 3(1)(6) of the Criminal Law Amendment Act, 1961.
2. Briefly stated, facts of the case are that a criminal complaint came to be submitted at the instance of SHO, Police Station Chitalwana, District Jalore on 22.04.2008 alleging therein that a land was purchased by the petitioner on 06.10.2007 in the restricted area, therefore, she committed the offence under Section 3(1)(6) of the Criminal Law Amendment Act, 1961.
3. The maximum punishment as per sub-clause (6) of the Act is term of imprisonment, which may extend to one year, or with fine, or with both. Admittedly, if any offence was committed by the petitioner by purchasing a land in the restricted area, then, it was purchased through registered sale deed dated 06.10.2007. The date of execution of sale deed, the payment of price and delivery of possession would be the date of commission of crime.
4. Section 468 of the CrPC provides that :-
468. Bar to taking cognizance after lapse of the period
Cognizance of an offence under the Criminal Law Amendment Act was invalid due to exceeding the statutory limitation period under the Code of Criminal Procedure.
Power under Section 473 of Cr.P.C to condone the delay was not exercised. The cognizance taken by the learned Magistrate overlooking the interdiction under Section 468 of Cr.P.C can under no circumst....
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....
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....
Cognizance taken beyond statutory limitation period is invalid under Section 468 of the Code of Criminal Procedure.
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....
(1) Cognizance of offence – For the purpose of computing period of limitation under Section 468 Cr.P.C., relevant date is date of filing of complaint or date of institution of prosecution and not dat....
The main legal point established is that the limitation for taking cognizance under the provisions of law is as provided in Section 468 of the Cr.PC, and the charge-sheet must be laid within the peri....
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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