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Revision Regarding 473 CrPC

Key Points and Insights

Section 473 CrPC and Limitation: Section 473 empowers courts to condone delays in initiating criminal proceedings even after the expiry of the limitation period, provided the court is satisfied with the reasons for delay. However, retrospective condonation of delay is generally not permissible (02200028808).
Procedure for Condonation: The order to condone delay must be made before initiating proceedings or cognizance (00500015403, 02600000037). Courts have held that condonation must be done prior to the commencement of proceedings, and subsequent attempts to condone delay are invalid, leading to dismissal of revisions (00500015403, 02600000037, 02600004490).
Jurisdiction and Authority: The Magistrate's authority to condone delay is limited; only the Magistrate or the Court empowered can do so. If a Magistrate without proper jurisdiction attempts to condone delay, the order is set aside (02600004490, 02200028808).
Limitations and Exceptions: While Section 473 allows for condonation, it does not override the general limitation period. The courts have emphasized that condonation cannot be retrospective and must be exercised within the procedural framework (02200028808).
Case Law and Judicial View:
Courts have consistently dismissed revisions where delay was condoned after proceedings started or where improper procedures were followed (00500015403, 02600000037).
The interpretation of Section 473 indicates that condonation is a discretionary power to be exercised judiciously and within the procedural limits (02200028808, 02600004490).

Analysis and Conclusion

Main Point: Section 473 CrPC provides a mechanism to condone delays in criminal proceedings, but strict procedural adherence is essential. Condonation must be sought and granted prior to the initiation of proceedings or cognizance.
Implication: Courts have consistently held that condonation orders made post hoc or without proper jurisdiction are invalid, leading to the dismissal of revisions or orders passed in violation of procedural requirements.
Practical Takeaway: Parties seeking to invoke Section 473 should ensure that delay is condoned before proceedings commence. Any attempts to condone delay after proceedings or cognizance are generally invalid and can be challenged successfully.

References:

Search Results for "Revison Regarding 473 Crpc"

2015 0 Supreme(P&H) 1440 • India - Punjab and Haryana

INDERJIT SINGH

... (b) Under section 473 CrPC, period can be condemned by court upon ... Procedure Code, 1973, S.468, S.482 & S.473. ... limitation contested--Held; ... (a) Period of limitation under section 468 CrPC ... The argument regarding notification has already been discussed in detail in the criminal revision petition against the summoning order by the learned Additional Sessions Judge. ... It is also stated that earlier a complaint regarding the facts mentioned in the prese....

1979 0 Supreme(AP) 346 • India - Andhra Pradesh

P.RAMACHANDRA RAJU, PUNNAIAH

CRIMINAL PROCEDURE CODE - SECTION 468, 473, 222(4) - LIMITATION - MINOR OFFENCE - JURISDICTION - MAGISTRATE - DELAY - EXPLANATION ... Final Decision: The court allowed the revision case, set aside the re-trial ordered by the learned Additional Sessions judge ... CrPC? ... Adinarayana Reddy, learned counsel for the complainant has argued that the order of Re-trial may be allowed to stand and the accused given an opportunity to advance before the Magistrate all pleas available to him regarding the exerci....

1981 0 Supreme(Ori) 156 • India - Orissa

B.N.MISRA

Retrospective condonation of delay is not permissible under Section 473 of the CrPC. 4. ... Section 473 of the CrPC empowers the Court to take cognizance of an offence after the expiry of the limitation period if it is satisfied ... The Court has suo motu powers of revision under Section 397(1) of the CrPC, which can be exercised even if a revision application ... of limitation for the reasons mentioned in Section 473, Code of Criminal Proc....

1975 0 Supreme(Ker) 137 • India - Kerala

V.KHALID

(2), S.271 (1) (c), S.271 (1) (iii), S.468 (2) (c), S.473, S.2 of Economic Offences Inapplicability of Limitation Act, 1974 - S.220 ... Ratio Decidendi: The court interpreted the provisions of S.279 (1A), S.274 (2), S.271 (1) (c), S.271 (1) (iii), S.468 (2) (c), S.473 ... CrPC - S.195 (1) (b) (i) CrPC - S.279 (1) - S.397 (2) and S.482 CrPC Fact of the Case: The accused filed a petition ... Various questions of law are raised regarding the non-maintainability of the complaint and the a....

SILJU GEORGE Vs THE LABOUR WELFARE FUND INSPECTOR & ORS.

2011 Supreme(Online)(KER) 10526 • India - High Court of Kerala

N.K.BALAKRISHNAN, J

Cognizance - Complaint Process - Sections 22B, 29 of Shops and Commercial Establishments Act, Section 468, 473 of CrPC - The court ... Fact of the Case: The petitioner, claiming to be a retired partner, faced a complaint regarding non-maintenance of ... The complaint was filed on 2.8.2008, far beyond the period of six months prescribed under Section 468 of the Cr.P.C. No petition was filed under Section 473 Cr.P.C. to condone the delay in filing the complaint. ... The impugned order ....

1985 0 Supreme(Cal) 421 • India - Calcutta

SANKARI PRASAD DAS GHOSH

CRIMINAL BREACH OF TRUST - LIMITATION - JURISDICTION - [S. 120-B/406 IPC, S. 181(4) CrPC, S. 468 CrPC, S. 473 CrPC] Fact ... Under S. 181 (4) Cr. P. ... The petition of complaint was barred by limitation under S. 468 (2) (c) Cr. P. C. ... Revision allowed. ... ... ... ( 8 ) REGARDING the plea of limitation, it is to be stated that this plea has been taken by Mr. Balai Ch. ... It has been held in that case of Ramkripal Prasad that while lack of s....

1981 0 Supreme(AP) 234 • India - Andhra Pradesh

P.RAMACHANDRA RAJU, P.RAMAKRISHNAM RAJU, A.SEETHARAM REDDY, ALLADI KUPPUSWAMI

C. regarding the limitation for filing a complaint by the Public Prosecutor in cases of defamation prevails over the general provisions ... for extending the limitation period under Section 473, Cr. ... Issues: The main issue was whether the court could exercise the power under Section 473, Cr. P. ... The petitioner has questioned in this revision the correctness of the said view. ... ( 2 ) SECTION 199, Cr. P. C. makes a special provision regarding#HL_EN....

• India - Crimes

IRSHAD HUSSAIN

Criminal Procedure Code, 1973 — Section 473 — Order to condone delay in initiating criminal pro-ceedings has to be made before the ... (Para 4) ... Result: Revision dismissed. ... cognizance — Application moved subsequently for delay condonation and Magistrate condoned delay — Order set-aside by Sessions court in revision ... The learned Sessions Judge has held that the procedure followed was unjust and without jurisdiction because the learned Judicial Magistrate was not empowered to condone the delay regarding....

2002 0 Supreme(UK) 32 • India - Uttarakhand

IRSHAD HUSSAIN

Criminal Procedure Code, 1973 — Section 473 — Order to condone delay in initiating criminal ... (Para 4) ... Result: Revision dismissed. ... cognizance — Application moved subsequently for delay condonation and Magistrate condoned delay — Order set-aside by Sessions court in revision ... ... ( 4 ) A plain reading of Section 473 of Cr. P. ... The learned Sessions Judge has held that the procedure followed was unjust and without jurisdiction because the learned Judicial Magistrate was ....

Nagar Palika, Haldwani VS Jogendra Singh Anand @ Mangery, Truck Transporter, Punjab Hotel, Nainital

2002 0 Supreme(UK) 33 • India - Uttarakhand

IRSHAD HUSSAIN

Finding of the Court: The court found that the learned Judicial Magistrate was not empowered to condone the delay regarding ... Final Decision: The revision was dismissed. ... Fact of the Case: The revision was directed against the judgment and order passed by the learned Sessions Judge, Nainital ... A plain reading of Section 473 of Cr. ... The learned Sessions Judge has held that the procedure followed was unjust and without jurisdiction because the learned Judicial Magistrate was not empowered....

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