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Nikunj Trivedi (MANAGER)     14 September 2013

468 cr.p.c.

Hi,

One of the cases of my friend, charge-sheet was submitted after more than 3 years of institution of FIR u/s 498A, 406 and 3/4 DP Act. Subsequently, cognizance was taken by the CJM.

May I know, whether the 'bar' u/s 468 Cr.P.C. could be applied to the case ?

Friends, pl revert ASAP with your valuable inputs ...



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 4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 September 2013

The bar is there for filing complaint and not for taking cognizance.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Nikunj Trivedi (MANAGER)     14 September 2013

Kindly read following and then be clear that it is for taking cognizance  :

468 Cr.P.C.

 

(Bar to taking cognizance after lapse of the period of limitation)

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.

(2) The period of limitation shall be-

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

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1 Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974), s. 2 end Sch.

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 (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 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.]

I have asked about the effect of this section on charge-sheet taken after a gap of more than 3 years u/s 498A, 406 and 3/4 D Act.

Pl revert on that issue.......

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 September 2013

I meant not for taking cognizance of Chargesheet. In cognizable offence, the police has registered the case and taken cognizance.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

(Guest)

In these kind of issues can we ask the police to fasten the case instead of long time periods?

Why they have taken so much time to file charge sheet?

three years is long period to file a chargesheet.what kind of actions to be taken after FIR in case delays


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