The relevant date for computing the period of limitation under Section 468 Cr.P.C. is the date of filing of the complaint or the date of institution of prosecution, not the date on which the Magistrate takes cognizance of the offence.

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 with an application under Section 473 Cr.P.C. to condone the delay in filing the final report and the said petition was taken on file in Crl.M.P.No.1399 of 2023 on the file of the Court of the Judicial Magistrate, Oddanchathiram. The petitioner has filed a reply raising serious objections to condone the delay and for taking cognizance consequently. The learned Judicial Magistrate, after enquiry, has passed the impugned order dated 24.05.2023 allowing the petition and thereby condoning the delay in filing the final report and consequently, the case was taken on file in C.C.No.228 of 2023 on the file of the said Court. Aggrieved by the order passed in Crl.M.P.No. 1399 of 2023 and consequent order taking cognizance of the case, the accused has preferred the present revision.

3. In the affidavit filed in support of the petition filed under Section 473 Cr.P.C., the Sub Inspector of Police has stated that since the case bundle was mingled with the other records in the police station and that the Government Offices and the Courts were not functioning due to the restrictions imposed for Covid-19, they were not in a position to file the final report before the jurisdictional Court, that the delay in filing the same is not wanton and that the delay has to be condoned considering the interest of justice and the interest of society.

4. In the counter, the petitioner has taken a stand that since the charge sheet was not filed within 3 years from 01.04.2021, the same is barred by limitation under Section 468 Cr.P.C., that the reasons advanced by the police that the case records got mingled with the other records in the police station and that the Government Offices and the Courts were not functioning due to Covid-19 are untenable and the same cannot be accepted, that since the police has not assigned any valid or acceptable reason for the delay of nearly 2 years, cognizance cannot be taken and that therefore, the above petition is liable to be dismissed as barred by limitation.

5. As rightly pointed out by the learned Government Advocate (Criminal Side), the learned Magistrate, accepting the contention of the petitioner that charge sheet has not been filed within the limitation under Section 468 Cr.P.C., but recording his satisfaction with the reason given for the delay in filing the final report and taking note of the fact that charge sheet was prepared well within the period of limitation i.e., on 30.06.2018, has allowed the petition.

6. No doubt, as already pointed out, charge sheet is dated 30.06.2018. As rightly pointed out by the learned counsel appearing for the petitioner, Covid-19 restrictions came into force in the month of March 2020. Since the charge sheet was ready to be filed on 30.06.2018, there might by only two reasons for not filing the same, one is