K. Thayagaraj, vs M/S Asia Pacific Investment Trust on 11 September, 2025
Author: K
case after the expiry of
the limitation prescribed under Section 468 , Cr.P.C. an
application under Section 473 , Cr.P.C. was moved ... already over as prescribed in
Section 468 Cr.P.C.) petitions filed by the prosecution
under Section 473 , Cr.P.C. to condone the delay
petitioners thereafter moved an application under Section 468(1)
(b) read with Section 469(a) of Cr.P.C. seeking closure of the case ... application under Section 468(1) (b) read with Section
469(a) of Cr.P.C, present petition under Section 482 of
Therefore, there is a limitation to file application
under the provisions of Section 468 of the Cr.PC. If not filed within
the said period ... monetary relief under Section 20 , child
custody under Section 21 , compensation under
Section 22 and interim or ex parte order under Section
minor
son under Section 21 and compensation order under Section 22
of the said Act by filing the application under Section 12 of the
said ... months and therefore the application under Section 12 was
grossly barred by limitation under Section 468 of the Cr.P.C.
5. It is also
under Section 28(1) of the Act, the application under Section 12
not being a complaint as defined under Section 2(d) of the CrPC ... that the limitation period under Section 468 of the Code of
Criminal Procedure does not apply to applications made under Section 12 of the
Protection
minor
son under Section 21 and compensation order under Section 22
of the said Act by filing the application under Section 12 of the
said ... months and therefore the application under Section 12 was
grossly barred by limitation under Section 468 of the Cr.P.C.
5. It is also
under Section 319 Cr.P.C, even a close perusal of
Section 319 Cr.P.C. as well as the provisions under Section 468
... role under Section 319 Cr.P.C if the
limitation aspect is applicable under Section 468 Cr.P.C. Here,
Section 319(4)
been preferred under Section 482 of the Code
of Criminal Procedure (for short ' Cr.P.C .') seeking quashing of criminal complaint ... IPC and the order dated 23.08.2016 (Annexure P-9) vide which the
application filed by the petitioners under Section 245 read with Section 468
consideration of benefit
under Section 468 BNSS (which corresponds to Section
428 of Cr.PC) came to be filed. In the application, it is
stated ... under-trial period as mandated
under Section 468 of BNSS. The provision of Section 468
BNSS (which corresponds to Section 428 of CrPC