Section 468 & 200 & 154 of the crpc.
Querist :
Anonymous
(Querist) 24 June 2011
This query is : Resolved
Section 200, 154 & 468.
if we apply section 154 of the crpc then section 200 & 154 of the crpc has no place right.
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
1) If the charge sheet is filed after 1 year then the court cannot take the cognizance of an offence as per section 468 of the crpc. Because I think that court, shall take cognizance of an offence after the charge sheet is filed in the court? Because Sub section 2 of the section 468 says that if the offence is punishable by a imprisonment for a period of 1 year than the time for taking the cognizance of an offence should be a year or within the 1 year. & the accused can go for the quash of the FIR under section 482 of the crpc?
2) If the complainant makes the complain to the magistrate under section 200 of the crpc after the offence has been done & the complaint is given to the magistrate after the period of one year form the date of the offence which has been committed.( I.E.) one year has been gone when the offence has been done & after that the person complaint to the magistrate then the magistrate cannot take the cognizance of the offence as per the section 468 of the crpc ? Can the complainant can file the FIR after the period of one year has been lapsed when the offence is committed & if the FIR is registered than the charge sheet is admitted in the court then the magistrate can take the cognizance of the offence as per the section 468 of the crpc.Magistrate has the powers to say that as the FIR was registered too late as per the section 468 of the crpc then filling of the charge sheet doesn’t arise & the accused is being acquittal.
Thanks.
Ravikant Soni
(Expert) 24 June 2011
Period of limitation is calculated till cognizance of offence. \
Magistrate take cognizance upon:
1-Complaint
2-Police report
3-information other than police or upon his own knowledge.
So if a fir lodged under order of magistrate u/s 156(3)then limitation calculated for filing of complaint to the magistrate.
Querist :
Anonymous
(Querist) 24 June 2011
sir thanks for the answer
if a fir lodged under order of magistrate u/s 156(3)then limitation calculated for filing of complaint to the magistrate. any case law on it.
so it will applicable to very complaint given by the complainant to the magistrate in any section under the crpc, 1973. Whether it may be section 200 , 190 or 156 (3).
Case law required.
