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1991 Supreme(Ori) 177

S.C.MOHAPATRA
DAMBARUDHAR PANDA – Appellant
Versus
MAHENDRANATH SARAN – Respondent


Advocates Appeared:
A.K.Mohapatra, G.S.NAMTOUR, PRASANNA MISHRA

S. C. MOHAPATRA, J.

( 1 ) THIS is an application u/s. 482 Criminal Procedure Code by the accused.

( 2 ) OFFENCE u/ss. 406, I. P. C. and 465, Cr. P. C. are alleged to have been committed in the year 1974. Punishment provided u/s. 406, IPC is for a term of three years. Punishment for an offence, u/s. 465, Cr. P. C. is for a term of two years. Under S. 468 (2) (c) and (3), Cr. P. C. , limitation for taking cognizance for offences after 3 years is barred and S. 468 (1), Cr. P. C. provides that no Court shall take cognizance of an offence after expiry of the period of limitation. S. 470, Cr. P. C. provides for exclusion of time in certain cases. Section 473, Cr. P. C. which is material for this case reads as follows :-"473. Extension of period of limitation in certain cases :- Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court maytake cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. "if there would have been no provision like S. 473, Cr. P. C. , there is







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