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2022 Supreme(All) 586

SAMEER JAIN
Jai Krishna Dubey@ Raj Dubey – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Satyendra Kumar Mishra.
For the Opposite Party : G.A.

Judgement Key Points

Key Points: - The judgment discusses the period of limitation under Section 468 Cr.P.C. for offences punishable with imprisonment exceeding one year, stating it is three years (!) (!) (!) - It holds that the relevant date for computing limitation is the date of the institution of prosecution, i.e., the date of filing of the FIR or registration of the complaint, not the date of cognizance by the Magistrate (!) (!) (!) (!) - It cites that if FIR is filed within time, cognizance taken later cannot render the proceedings time-barred; i.e., time-bar does not attach if prosecution is instituted within the period (!) (!) - The Amritlal/Sarah Mathew lineage clarifies that the date of institution of prosecution, not cognizance date, governs limitation; in State cases, FIR/date of registration is the relevant date (!) (!) (!) - The court eventually dismisses the application, finding no merit to challenge cognizance on limitation grounds since institution of prosecution was within time (!)

How to determine the period of limitation for taking cognizance under Section 468 Cr.P.C. in cases where the offence is punishable with imprisonment beyond one year?

What is the relevant date for computing the period of limitation under Section 468 Cr.P.C. when a FIR is registered after the date of the alleged offence?

What are the consequences if cognizance is taken after the expiry of the prescribed limitation period but the FIR was registered within time?


JUDGMENT :

1. Heard Sri Satyendra Kumar Mishra, learned counsel for the applicants and perused the record of the case.

2. The present application has been moved on behalf of applicants for quashing of the entire proceedings of Criminal Case No.207 of 2021 as well as summoning order dated 27.01.2021 and charge sheet dated 30.06.2017 (State Vs. Jai Krishan), arising out of Case Crime No.308 of 2017, under Sections 147, 148, 336, 332, 353, 504, 506 I.P.C., Police Station Sarpataha, District Jaunpur, pending before the court of Additional Chief Judicial Magistrate, Jaunpur.

3. Learned counsel for the applicants submitted that he is pressing the instant application on sole ground that cognizance order dated 27.01.2021 passed by court below is time barred and therefore proceedings pending against applicants is bad.

4. Shorn of unnecessary details, the relevant background with respect to the present matter is that on 11.06.2017, F.I.R. of the present case was lodged against applicants in respect of incident dated 10.06.2017 under Sections 147, 148, 336, 332, 353, 504, & 506 I.P.C. and investigation of the case was completed on 30.06.2017 and charge sheet was also prepared on 30.06.2017 under

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