Bar u/s 168 cr p c

Submitting FSL report after submission of  Charge Sheet does not amount to reinvestigation, and framing of charges aginst the accused under section 384 is valid, as submission of FSL report does not amount to re-investigation.

Respected Sir

"Whoever commits extortion shall be punished with imprisonment of either descriptttion for a term which may extend to three years, or with fine or with both".

And Sec 468 Cr.P.C. Says:

(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.

(2) The period of limitation shall be-

(a) Six months, if the offence is punishable with fine only;

(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

¹[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

In My Case, The sequence is as Under:

{A}  The letter made on { For Extortion }    on 10.03.7995

{B}  F I R Against me on                               01.06.1997

{C}  Period of 3 years Expires on                   09.03.1998

{D} Police Filed FR in "Lack of evidence"        05.08.1997 ( With a comment that Samples of Handwritting has been send to FSL But no such report relating to thease samples exhist}

{E}  Court accepted the FR                            01.09.1998  

(F) Police collected Handwritting again on  20.11.98 and send it to FSL

( The Challan is based on this report ) 

{F} Chalan u/s 384 IPC by police                     09.11.1999

In Such a stage whether the "Bar" u/s 468 Cr P C is applicable in this case or Not.

As well as such reinvestigation is permissible u/s 173 Cr P C

Regards

In the language of the Hon'ble Apex Court employed in its earliest decision (Ref: R.R.Chari v. State of U.P. AIR 1951 SC 207), "taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of offence".

Also read S.190 Cr.PC. 

Duty of Police on receipt of information of crime in matter of cognizable offences:—

          (a)  Any person can give a complaint to the concerned Police or any Police who in turn makes it over to the concerned Police for investigation either in writing or to his/her direction which is reduced into writing by the Police Officer  about the crime;

          (b)  If  the  report is oral, the writing of Police Officer shall be signed by the informant (Sec. 154(1) Cr.P.C.);

          (c)  Substance of information is entered in Station Diary or General Diary maintained by the Police and then furnish Crime No.……… for such FIR;

          (d)  The Police then despatch copy of FIR to the concerned Magistrate at the earliest (Sec. 157(1) Cr.P.C.);

Have you confirmed that Police have not despatched the copy of FIR to concerned Magistrate? 

Time line will be from FIR on 01-06-1997: Final report submitted on 05-08-1997 and court accepted the final report on 01-09-1998: Subsequently Police collected specimen signature of the accused on 20-11-1998 and challan was filed on 09-11-1999. 468 CrPc not attracted in the case.There is no law that police once filed final report can not collect evidence and filed FIR even on the face of crystal clear and cogent evidence against the accused.