The court reaffirmed that an FIR cannot be maintained if it is barred by the limitation period set forth in the CrPC for cognizable offences punishable with imprisonment up to six months.

ORDER

The FIR in Cr.No.246 of 2018 for the offences punishable under Sections 279 & 337 of IPC is sought to be quashed on the ground that Court cannot take cognisance since the FIR is of the year 2018 and the maximum punishment for the alleged offence is 6 months and further, final report is also not filed.

2.The learned Government Advocate (Crl.Side) fairly submitted that final report is not filed and there is a bar for the Court to take cognisance under 468(2)(b) of CrPC on limitation.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials placed on record.

4. The period of limitation, like a relay race, has a start and a finish point. Sections 467 states that the “period of limitation” is the period prescribed in Section 468 for taking cognizance of an offence. Clause (2) of Cr.P.C prescribes a graded period of limitation ranging from six months to three years for offences ranging from punishments of fine upto punishment for a period not exceeding three years

5. The offence under Section 279 of IPC is punishable with maximum imprisonment of six months. The offence under Section 337 of IPC is also punishable with maximum imprisonment of six months. In view of the same, the final report ought to have been filed within one year as provided under Section 468 (2)(b) of Cr.PC. Till date, the final report has not been filed. Considering the allegations made in the FIR, no useful purpose will be served in keeping the FIR pending.