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YOGENDRA KUMAR SRIVASTAVA
Rajitram Shukla – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. limitation challenges under crpc. (Para 3 , 5) |
| 2. legislative history and objectives of limitation. (Para 7 , 8 , 9) |
| 3. relevant date for computing limitation. (Para 12 , 20) |
| 4. conclusion regarding limitation applicability. (Para 15 , 18 , 21) |
JUDGMENT :
Yogendra Kumar Srivastava, J.
1. Heard Sri Pradeep Mishra, learned counsel for the applicants and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing for the State-opposite party.
2. The present application under Section 482 of the Code of Criminal Procedure[the Code] has been filed seeking to quash the charge sheet dated 31.12.2015 as well as summoning order dated 18.11.2020 passed by Special Judge S.C./S.T. Act, Jaunpur as well as entire proceedings of S.S.T. No. 284/2020, arising out of Case Crime No. 249/2015, under Section 323 , 504, 506 I.P.C. and 3 (1) 10 S.C./S.T. Act, Police Station Barsathi District Jaunpur.
3. A challenge is sought to be raised to the proceedings of S.S.T. No. 284/2020, arising out of Case Crime No. 249/2015, and also to the chargesheet dated 31.12.2015 as well as summoning order dated 18.11.2020, by raising a preliminary point and contending that the proceedings would be ba
(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....
For computing limitation under Section 468 Cr.P.C., the relevant date is the filing of the complaint, not when the magistrate takes cognizance.
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....
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.
![Azad Hussain vs State of Assam [Being represented by PP, Assam] - 2025 Supreme(Gau) 1316](https://supremetoday-s3.b-cdn.net/Gauhati_1.png)
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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