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Discussion > Criminal Law > IPC > Bar u/s 468 c p c applicable in 384 ipc   Unanswered Threads Post New Topic

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Shiv Kumar Sharma


Lerner
[ Scorecard : 116]
PRO CHAT CALL
Posted On 10 June 2012 at 08:27 Report Abuse

 

Here is a Matter relating to 384 IPC . As the Section Says :
 

"Whoever commits extortion shall be punished with imprisonment of either descripttion 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

 

{E}  Court accepted the FR                            01.09.1998   But after filing the FR Police filed Challan

 

{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.

 

 

Regards






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