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AJAI KUMAR SRIVASTAVA I
Jwala Prasad Maurya – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Home, Lko. – Respondent
JUDGMENT :
Ajai Kumar Srivastava-I, J.
1. Heard Sri Saurabh Yadava, learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed by the applicant inter alia praying for following relief:-
(ii) Quash the impugned order dated 23.06.2018 passed by Civil Judge (J.D.)/Judicial Magistrate, Ambedkar Nagar in the matter of charge sheet no. NIL/2015 dated 30.10.2015 in "State Vs. Jwala Prasad Maurya" in respect of Criminal Case No.239/2018 arising out of NCR No.19/2013, U/s 323, 504 I.P.C., dated 09.03.2013, Police Station Mahrua, District Ambedkar Nagar.
(iii) Quash the impugned charge sheet no. NIL/ 2015 dated 30.10.2015 in "State Vs. Jwala Prasad Maurya" in respect of Criminal Case No.239/2018 arising out of NCR No.19/2013, U/s 323, 504 I.P.C. dated 09.03.2013, Police Station Mahrua, District Ambedkar Nagar.
3. Learned counsel for the appli
(1) Cognizance of offence(s) – Bar of limitation – Date of filing complaint or date on which criminal proceedings are initiated is relevant date for the purpose of counting limitation.(2) Administrat....
The period of limitation for taking cognizance of an offence is computed from the date of the offence until the date of filing the charge-sheet or complaint. Cognizance taken after the expiry of this....
For computing the period of limitation under Section 468 of the Code of Criminal Procedure, 1973, the relevant date is the date of filing the complaint or initiating criminal proceedings, and not the....
Point of Law : Language of Section 468(3) makes it imperative that the limitation provided for taking cognizance is in respect of the offence charged and not in respect of offence finally proved.
Cognizance of offence – Limitation - For computing the limitation under Section 468 Cr.P.C. the relevant date is the date of filing complaint or the institution of prosecution and not the date on whi....
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Cognizance in criminal proceedings is valid if the FIR is filed within the limitation period, relying on the date of filing complaints rather than the date of cognizance.
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