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Sudha Rani vs State Of Haryana on 24 September, 1997 cites

State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990

5. According to Section 468 of the Code of Criminal Procedure no Court shall take cognizance of an offence of the category specified in Sub-section after the expiry of the period of limitation and according to Sub-section (2) of Section 468 Cr.P.C. the limitation is 3 years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. In this manner, the FIR could be registered up to 30.6.1995 at the maximum but the present case has been registered on 27.12.1995 and the challan has been presented in the year 1996. The very act of registration of the case is thus violation of the provisions of Section 468 Cr.P.C. It has been held in A.I.R. 1992 Supreme Court 604 State of Haryana and Ors. v. Ch. Bhajan Lal and Ors. that the High Court can quash the criminal proceedings, if for the launching of such criminal proceedings there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. The learned A.A.G., Haryana could not dispute the fact that the F.I.R. was registered on 27.12.1995 which is beyond three years and in these circumstances the prosecution of the petitioner in the year 1996 was nothing but an abuse of the process of law.
Supreme Court of India Cites 44 - Cited by 19733 - S R Pandian - Full Document
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