7 July vs State Of Uttarakhand And Another on 17 July, 2025
11. Having heard the learned counsel for the
applicants and on perusal of the FIR and other
documents available on record, this Court finds that
the arguments made by the learned counsel for the
parties are a matter of evidence, which can only be
looked into by the learned Trial Court at the time of
trial when the evidence would be adduced by both the
parties. Moreover, the argument of learned counsel for
the applicant regarding the trial being time barred is
also fallacious, as it is a settled position of law that
computation of limitation is done from the lodging of
FIR or filing of a complaint and it has no concern as to
the date of taking cognizance. On perusal of the present
factual matrix, it clearly shows that the complaint of
alleged incident was filed before the Executive Engineer,
Minor Irrigation Department, Uttarkashi, on
13.09.2018, on which, after departmental inquiry, FIR
was registered on 18.09.2019 against the applicant.
Both the complaint and the FIR was filed well within
three years, on which cognizance was taken at a later
stage on 07.02.2023. Thus, in no stretch of
imagination, it can be said that the case of respondent
No.2 was time barred. My view is further fortified by a
judgment dated 04.06.2025 rendered by Hon'ble Apex
Court in the case of Ghanshyam Soni Vs. State (Govt.
of NCT of Delhi) and Another, in Criminal Appeal
No.2894 of 2025. For ready reference, the relevant Para
Nos. 15 and 16 of the said judgment are quoted herein
below:-