Basic principle for taking cognizance of time barred offence
All the aforesaid decisions lead to the following conclusions:
(a) Magistrate taking cognizance is to consider the question of limitation before taking cognizance and before issue of process.
(b) No formal application for exercise of power under Section 473, Cr. P. C. is necessary and Magistrate is to consider the question on the facts and circumstances. However, an appli cation can be filed bringing facts and circumstances to notice of the Magistrate if such facts and circumstances are not borne out from record.
(c) Magistrate taking cognizance is to observe the principle of natural justice to give opportunity to accused to resist the exercise of power under Section 473, Cr. P. C.
(d) Magistrate, however, can exercise power under Section 473, Cr. P. C. without hearing the accused.
(e) Where Magistrate has exercised power under Section 473, Cr. P. C. and has taken cognizance, accused on appearance
