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K. MURALI SHANKAR
Kishore – Appellant
Versus
State represented by its The Inspector of Police – Respondent
ORDER :
PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records relating to the order dated 24.05.2023 made in Crl.M.P.No.1399 of 2023 in C.C.No.228 of 2023 on the file of Judicial Magistrate Court, Oddanchatram allowing the condone delay petition under Section 473 of Cr.P.C. filed by the respondent and to set aside the same as illegal and allow the above revision.
The Criminal Revision is directed against the order passed in Crl.M.P.No.1399 of 2023 in C.C.No.228 of 2023 dated 24.05.2023 on the file of the Court of the Judicial Magistrate, Oddanchathiram, condoning the delay in laying the final report under Section 473 of Code of Criminal Procedure.
2. On the basis of the complaint lodged by the second respondent/defacto complainant, FIR came to be registered in Crime No.78 of 2018 on 02.04.2018 for the accident held on 02.04.2018 against the petitioner/sole accused for the offences under Sections 279 and 337 IPC. Subsequently, since the victim had died, the case was altered into Sections 279 and 304(A) IPC. The first respondent police has filed the final report dated 30.06.2018 before the jurisdictional Court on 02.03.2023 along
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.
The limitation period for filing a final report in criminal cases is strictly enforced, and any delay must be properly explained and condoned by the court to maintain the validity of the proceedings.
The necessity of providing notice and a reasoned order before condoning delays in criminal proceedings is a fundamental aspect of ensuring fair trial rights under the Cr.P.C.
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....
Condonation of delay in filing a charge sheet is permissible under Section 473 of the Criminal Procedure Code if the delay is satisfactorily explained and necessary for the interests of justice.
The main legal point established in the judgment is the determination of the relevant date for computing the period of limitation under Section 468 Cr.P.C and the exercise of power under Section 473 ....
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