Upgrad LLM

bar u/s 168 cr p c


Respected Members,

In a case of Extortion u/s 384 IPC the date of offence is 10.03.95, Date of Information by Complainant is 03.08.96 and Date of FIR is 01.06.97. Afterward On 05.08.1997 a Final Report u/s 173 Cr P C was filed by the Police due to Lack of Evidence with a remark that some documents have been send to FSL, further action will depend on it. The Court ACCEPTED it on 01.09.98 Which means no offence u/s 384 IPC was proved even after 3.5 Years.

The Police collected the handwritting on 20.11.98 after 20 days from the date of acceptance of Final Report.

Which is a clear Reinvestigation after 3 years and 8 months as Police has already informed the Court that documents have been send to FSL before 05.08.1997 (Date of FR)

Wheather Fraiming a Challan u/s 384 IPC by Police for an offence which is Bared by sec 468 Cr P C By making a Reinvestigation after the limitation is Legal ? 

Reinvestigation is also barred by Sec 173(8) CrPC,  

Is This would be a valied chrgesheet to proceed against accused. 

"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.]

 
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self working

good like to know. case law also.

 

 
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