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biswajit saha   28 March 2023

498A chargesheet

My wife file 498 a on 12th March 2020 but after 3yrs yet police not submitted charge sheet. In that case can CRPC 468(2)(c) is applicable? where mentioned court can be barred for 3yrs of punishment if not chargesheet submitted within 3yrs.
please advise.


 1 Replies

Dr J C Vashista (Advocate)     28 March 2023

Section 468 in The Code Of Criminal Procedure, 1973

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

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.

(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.

(3) 1 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.]

Accordingly you may apply for quashing of the FIR.

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