C.K.THAKKER, TARUN CHATTERJEE
Japani Sahoo – Appellant
Versus
Chandra Sekhar Mohanty – Respondent
The legal document emphasizes the importance of the timing of the filing of a complaint versus the timing of the court’s action in taking cognizance for determining the period of limitation. It clarifies that the crucial date for calculating limitation is the date when the complaint or criminal proceedings are initiated by the complainant, not when the court takes cognizance or issues process.
The document states that once the complainant files a complaint within the prescribed limitation period, the delay or default on the part of the court or magistrate in issuing process or taking cognizance should not be attributed to the complainant. The law recognizes that the court’s actions are beyond the control of the complainant, and therefore, the limitation period should be linked to the date of complaint filing to ensure fairness and prevent injustice.
It further underscores that the doctrine "actus curiae neminem gravabit" applies, meaning an act of court shall prejudice no one. Consequently, a complaint filed within the limitation period should not be dismissed solely on the grounds of delayed court action, provided the complaint was within the prescribed time initially.
The document also highlights that the law aims to balance the interests of the accused’s right to repose with the need for timely prosecution, and that the period of limitation is intended to promote efficient administration of justice while safeguarding individual rights.
In conclusion, the relevant legal principle is that the starting point for limitation is the date of filing the complaint or initiating proceedings, not the date when the court takes cognizance or issues process. This approach ensures that complainants are not penalized for delays attributable to court procedures and upholds the constitutional guarantee of fairness in criminal proceedings.
JUDGMENT
C.K. THAKKER, J.—
1.Leave granted.
2.An important and interesting question of law has been raised by the appellant in the present appeal which is directed against the judgment and order passed by the High Court of Orissa on June 20, 2006 in Crl. M.C. No. 5148 of 1998. By the said order, the High Court quashed criminal proceedings initiated against the respondent-accused for offences punishable under Sections 294 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).
3.Brief facts of the case are that the appellant is a complainant who is inhabitant of village Damana under Chandrasekharpur Police Station. He had constructed many shops on his land on the side of the main road of Chandrasekharpur Bazar from which he was earning substantial amount by way of rent. It is alleged by the complainant that the accused was, at the relevant time, Inspector of Police at Chandrasekharpur Police Station and was aware that the complainant was receiving good amount of income from shop rooms erected by him.
4.According to the complainant, on February 2, 1996, a Constable of Chandrasekharpur Police Station came to his house and informed him that he was wanted by Officer-in-cha
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.