The court emphasized the importance of considering the question of limitation at the pre-cognizance stage to ensure the jurisdiction of the proceedings.

1. In this petition for revision, the summoning and charging of the petitioner to stand trial under Section 500, Indian Penal Code, has been challenged solely on the ground that the Magistrate took cognizance of the offence beyond the period of limitation. It stands undisputed that offence under Section 500, Indian Penal Code, can attract punishment to the accused up to two years simple imprisonment and the complaint has to be filed in Court within a period of three years from the date of the commission of the offence. The offence in the instant case was committed by the accused-petitioner on May 20, 1975 by lodging a First Information Report at the Police Station, allegedly containing defamatory statements against the complaint-respondent. The trial on that First Information Report was launched in Court on July 13, 1977 but it ended in acquittal of the complainant-respondent on February 11, 1980.

2. Learned counsel for the petitioner contends that the Magistrate was required at the pre-cognizance stage to first settle the question of limitation, as prima facie, the complainant had disclosed that the period of limitation had been computed from the date of the acquittal though erroneously. Reliance has been placed on Surinder Mohan Vikal V/s. Aschari Lal Chopra, 1998 Cri LR (SC) 158 : (1978 Cri LJ 764), where it has been held that the period of limitation commences from the date when the defamatory matter is publicised. In the instant case, it is the First Information Report dated May 20, 1975, which contained the defamatory material. Learned counsel for the petitioner also contends that from that date the complaint was undisputably beyond the period of limitation. It has further been maintained that even if the said statement was taken to be privileged and not published within the meaning of the expression known in Section 500, I.P.C., the launching of the prosecution clinched the matter on July 13, 1977 and even then the complaint was filed beyond the period of limitation. On the other hand, learned counsel for the respondent takes shelter in the provisions of Section 473, Criminal P.C., to contend that the period is extendable not only when the delay is explained but otherwise in the interest of justice. He, however, concedes that no formal application had been made to the Court for extending the period of limitation and the Court itself had not applied its mind with regard to proceeding in the complaint in the interest of justice.

3. Having noticed the respective contentions of the learned counsel for the parties, it becomes patent that the Magistrate did not apply his mind at all to the question of limitation. This, he had to, at the pre-cognizance stage which he failed. On his failure to do so, the proceedings become obviously without jurisdiction. Necessarily the sequential orders of summoning the accused-petitioner as also framing the charge against him are beyond jurisdiction and deserve to be quashed for these reasons. The course adopted is unexceptionable.

4. The next question which has been pressed into service by the learned counsel for the petitioner is that the complaint itself should be thrown out as being beyond limitation, as was done in Surinder Mohan Vikals case (1978 Cri LJ 764) (SC) (Supra). In that precedent it was mentioned that the complainant had not sought the benefit of S.473, of Criminal P.C., which permitted the extension of the period of limitation in certain cases. It is on those facts that the Supreme Court quashed the order of the Magistrate taking cognizance of the offence against the appellant. The complaint, as such, can also be spelled as to have been left formally on the file of the Magistrate, but without any cognizance having been taken thereon. Learned counsel for the respondent says that if the complainant can now satisfy the Court, by giving reasonable explanation for the delay caused, or otherwise if the Court is satisfied that the complaint need be proceeded with in the inte