IMPORTANT POINT
Cognizance of offence--Limitation--Commencement of limitation period--Period of limitation would commence from the date of offence of identity of offender and offence is known.

Ranjit Singh, J. (Oral):- The petitioner has filed this petition, seeking quashing of the complaint/calendra filed against him under Section 182 IPC, (Annexure P-2), dated 12.8.2003. The primary ground raised by the petitioner is that no cognizance of an offence under Section 182 IPC can be taken against him as the offence as alleged is barred by limitation in terms of the provisions of Section 468 Cr.P.C.

2. The facts necessary to appreciate the submission made by the petitioner are that one Nizamdin filed a complaint on 2.2.2001, on the basis of which FIR under Sections 342, 363, 364, 452, 506, 148, 149 IPC was registered against various persons. One of the accused named in the FIR, namely, Basira Ali, moved an application before S.S.P., Ropar, on 5.2.2001, seeking an enquiry into the false and frivolous case registered against him and his co-accused. This application was marked to DSP, Head Quarter, for detailed enquiry and investigation. Avtar Singh, DSP, conducted enquiry in this case and examined various witnesses. He ultimately found that Kaka son of Wali Mohd., resident of Jandiala, Police Station Jalandhar had recorded his false name and address and had got registered the false FIR No.10 dated 2.2.2001 in connivance with Sher Ali and Gammi (present petitioner). On the basis of this enquiry, cancellation report was filed on 1.4.2001.

3. Prosecution of the petitioner and others under Section 182 IPC was initiated. Besides pleading the plea of bar to take cognizance of the offence alleged against the petitioner, the counsel would also submit that no offence under Section 182 IPC would be revealed against the petitioner as he was not the one who had authored the so called false complaint, leading to registration of an FIR against the then accused persons. Accordingly the present petition is filed, seeking quashing of the complaint and calendra filed against the petitioner.

4. On notice having been issued, reply on behalf of the State is filed. The fact of lodging of FIR by Nizamdin against Basira Ali, Dhani etc. is conceded and so also the fact that this FIR was found to be false on an enquiry held by DSP. It is also submitted that calendra under Section 182 IPC has been filed in the Court of Ilaqa Magistrate/Chief Judicial Magistrate, Ropar, against the petitioner and his co-accused. The stand of the State is that calendra/complaint has been filed within a period of limitation prescribed under Section 468 Cr.P.C. and the Court, thus, is competent to take cognizance of the offence alleged against the petitioner.

5. It is, thus, required to be seen whether the charges alleged against the petitioner are barred by limitation for the Court to take cognizance of the offences alleged or not.

6. The facts are not much in dispute. The FIR in this case was lodged on 2.2.2001. After holding investigation, the said FIR was found to be false and on the basis of enquiry, cancellation report was prepared on 05.4.2001 and filed in the Court on the same day. Thereafter, a calendra was prepared for taking action against the petitioner and others for lodging this false complaint, which was filed in the Court on 12.8.2003. The Court applied its mind to the said calendra on 25.8.2003 and issued notice to the petitioner and others. Pursuant thereto, the petitioner appeared before the Court on 7.11.2003 and furnished bail bonds. It is, thus, required to be seen if the present offence under Section 182 IPC would be barred by limitation under the provisions of Section 468 Cr.P.C or not.

7. Section 468 Cr.P.C. creates a bar for taking cognizance of an offence after expiry of period of limitation and reads:-

“468. Bar to taking cognizance after lapse of the period of limitation.-(1) Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2)The period of limitation shall be-

(a) six months, if the offence is