Section 468/469 cr.p.c
Jeevesh
(Querist) 21 January 2013
This query is : Resolved
Learned Experts,
I am faced with a peculiar problem which is as follows:
FACTS - An offense u/s 498A IPC took place on 04/08/2002. Complainant filed the complaint with police regarding the aforesaid offense on 02/07/2005. On the same day the police commenced the investigation by registering the FIR. The charge-sheet was filed by police on 22/03/2008. The cognizance was taken by the magistrate on 14/01/2009.
Presently, the case is at the stage of framing of charge. I, representing the accused, has raised the plea that the order of cognizance dated 14/01/2009 taking cognizance of offense dated 04/08/2002 is time barred as per Ss.468/469 Cr.P.C, as the same was taken 3 years after the date of commission of offense. The Complainant’s counsel opposes my plea by saying that the complainant had filed the complaint with police on 02/07/2005 i.e. within 3 years of the offense & the complainant is not responsible for whatever delay took place after the filing of complaint with police.
How much tenable is the argument of complainant’s counsel?
Raj Kumar Makkad
(Expert) 21 January 2013
The argument of the defence side has full force of law and the same is well convincing.
Refer to Supreme court of India judgment on similar lines:
http://www.rishabhdara.com/sc/view.php?case=6816
