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HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Avneesh Kumar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application of section 528 bnss and limitation laws. (Para 2 , 3 , 8 , 14) |
| 2. court's analysis of the magistrate's cognizance decision. (Para 4 , 10 , 12 , 15) |
| 3. discussion on the delay in charge-sheet submission. (Para 5 , 6) |
| 4. quashing of proceedings due to expiry of limitation. (Para 16) |
| 5. disposal and continuation of proceedings against some accused. (Para 17 , 18) |
JUDGMENT :
PRAVEEN KUMAR GIRI, J.
1. The affidavit filed by the Circle Officer, City, Firozabad is taken on record.
2. Learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.
3. The relief which has been mentioned in the application is delineated below:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application under section 528 B.N.S.S. and quash the entire proceeding of case No.94500 of 2024 (State Vs. Sooraj Thakur and others), arising out of case crime No.246 of 2019, under Sections 379, 411 IPC, Police Station- Firozabad North, District Firozabad, pending in the court of Chief Judicial Magistrate Firoz
Cognizance taken by a Magistrate after the expiration of the limitation period is unlawful, violating due process rights under Article 21 of the Constitution.
Cognizance of non-cognizable offences must follow complaint procedure, and any delay in cognizance is barred by limitation under the Code of Criminal Procedure.
(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....
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.
Point of law : "cognizance" is an act of the Court. The term "cognizance" has not been defined in Cr.P.C, That means taking of cognizance is application of mind or takes judicial notice of an offence....
The main legal point established in the judgment is the interpretation and application of the provisions of Section 195(1)(b) of the Code and Section 468, which led to the quashing of the proceedings....
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