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Bar under Section 468 of Cr.P.C.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) Nos.2908 to 2910 & 2926 of 2023

72. Learned Senior Counsel appearing for the petitioner and other accused have submitted that, the investigation of the offences under Sections 120B, 409, 201 and 109 of IPC, should have been completed within a specific period as required under Section 468 of Cr.P.C. It is submitted further that from the date of alleged offence, in the year 2004 or from the date of registration of FIR on 23.07.2018, the investigation was continued beyond the period as prescribed under Section 468 of Cr.P.C, insofar as the offences punishable under Sections 120B, 201 and 109 of IPC, the Charge Sheet against the petitioner.

73. On the other hand, Mr.Antony Prabhakaran, the learned Additional Public Prosecutor appearing for the state has submitted that the limitation in this case does not apply as there is a material to hold that the accused have committed offence punishable under Section 409 IPC and that insofar as offence under Section 409 of IPC concerned, the bar under Section 468 of Cr.P.C does not apply. He has further submitted that while disposing of Crl.O.P.No.24544 of 2019 on 22.07.2022, this Court has permitted the respondent police to file the Charge Sheet within a period of four months and accordingly the Charge Sheet was filed within four months, thereby Section 468 of Cr.P.C does not apply even for the https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) Nos.2908 to 2910 & 2926 of 2023 offences punishable under Section 120B, 201 and 109 of IPC.

74. Section 468 of Cr.P.C., imposes bar from taking cognizance of certain offences after the lapse of certain periods of limitation. Section 468 of Cr.P.C runs as under:

“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; (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.
76. Considering the bar in taking cognizance in respect of offences punishable under Sections 120B, 204 and 109 of IPC, the charge sheet should have been filed within three years from the date of offence under Section 468 (2) (C) of Cr.P.C. However in respect of offence under Section 409 of IPC is concerned, it is submitted by the learned counsel for the petitioners that the offence under Section 409 is deliberately included by the prosecution in order to save the limitation even though there are no ingredients to that effect. Insofar as offence under Section 201 of IPC is concerned the punishment can be 7 years or fine or even less than that, as punishment goes with the main offence the accused has allegedly committed. Hence, insofar as offence under Section 201 of IPC is concerned the bar under Section 468 of Cr.P.C does not apply. When a Charge Sheet is filed alleging that accused has committed more than one offences and of which for some of the offences limitation has been https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) Nos.2908 to 2910 & 2926 of 2023 prescribed for completing the investigation and was expired under Section 468 of Cr.P.C and in respect of other offences, if no limitation is prescribed for filing the Charge Sheet, it is to be considered that in respect of all the offences, Charge Sheet is filed well within limitation.