Delay in filing complaint u/s 190 (1)(a) R/W. SEC. 156 (3)
Dr G V Rao
(Querist) 17 February 2010
This query is : Resolved
I have been collecting information under RTI from an Central Govt Organisation from the year 2006. The last information which I received was in August 2009. The offenses are continuing still since 1999. After collating all the information I have made out a good case of misappropriation of Rs 70 Crores by 17 officers of the department. I filed a private complaint in the local CBI Court. The Hon'ble Court returned my complaint stating that I have delayed in filing the compliant. My submission that the offences are continuing and that I had to collect nearly 60 correspondences to prove the guilt of the accused and that I received the last information implicating the accused in August 2009, has not convinced the Court and it has set it aside. Further I received CAG reports pertaining to the organization from the years 2000 to 2008 and it was voluminous to study and corroborate it with my complaint. Please advice whether their is any time limitation to file a criminal complaint u/s 405, 409, 418, 420, 465, 466, 468, 471 r/w 120 B, 477 A, of I.P.C.
I feel that I am right and that their is no such thing as delay in filing the complaint since all the officers are still in service. Please help me with citations so that I can appeal in Higher Court.
Raj Kumar Makkad
(Expert) 17 February 2010
Your view is entirely correct. No daly has occured moreover no such plea is available to the accused persons.
Guest
(Expert) 17 February 2010
your view is correct. agree with mr makkad
