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E. Venugopal (Advocate)     01 December 2010

query

sir a case was registered in 2001 under E.C.Act.  Later the department was abanded and all the files were sent to concerned jurisdiction police, that Police re-registered the same and issued F.I.R. and got sanction from collector and filed charge sheet.  Now it is coming for examination. I filed a petition to discharge as the offence took place in 2001 and police filed charge sheet in 2007 and the punishment is one year, so there is limitation prescribed under 468 Cr.P.C.   Court dismissed petition stating that it was a summons case, my petition is not maintainable.  Please suggest me how to proceed along with any citations to it.



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 1 Replies


(Guest)

whether it summons or warrant case.  The limitation for taking cognizance starts from the date of registration of FIR.  Whether the trail court has condoned the limitation u/s 473 of Cr.P.C.  If not better file quash under 482 of Cr.P.C. before HC.  There is no need for authority 


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