Search Results Page

Search Results

1 - 10 of 28 (0.21 seconds)
Sanapareddy Maheedhar And Another vs State Of Andhra Pradesh And Another on 13 December, 2007 cites

Arun Vyas & Anr vs Anita Vyas on 14 May, 1999

On the point of limitation, we are of the view that the prosecution cannot be nullified at the very threshold on the ground that the prescribed period of limitation had expired. According to the learned counsel for the appellants, the alleged acts of cruelty giving rise to the offence under Section 498-A ceased on the exit of the informant from the matrimonial home on 2-10-1997 and no further acts of cruelty continued thereafter. The outer limit of time for taking cognizance would therefore be 3-10-200 0, it is contended. However, at this juncture, we may clarify that there is an allegation in the FIR that on 13-10-1998/14-10-1998, when the informants close relations met her in-laws at a hotel in Chennai, they made it clear that she will not be allowed to live with her husband in Mumbai unless she brought the demanded money and jewellery. Even going by this statement, the taking of cognizance on 13-2-2002 pursuant to the charge-sheet filed on 28-12-2001 would be beyond the period of limitation. The commencement of limitation could be taken as 2-10-1997 or at the most 14-10-1998. As pointed out by this Court in Arun Vyas v. Anita Vyas (supra) the last act of cruelty would be the starting point of limitation. The three-year period as per Section 468(2)(c) would expire by 14-10-2001 even if the latter date is taken into account. But that is not the end of the matter. We have to still consider whether the benefit of extended period of limitation could be given to the informant. True, the learned Magistrate should have paused to consider the question of limitation before taking cognizance and he should have addressed himself to the question whether there were grounds to extend the period of limitation. On account of failure to do so, we would have, in the normal course, quashed the order of the Magistrate taking cognizance and directed him to consider the question of applicability of Section 473. However, having regard to the facts and circumstances of the case, we are not inclined to exercise our jurisdiction under Article 136 of the Constitution to remit the matter to the trial court for taking a decision on this aspect. The fact remains that the complaint was lodged on 23-6-1999, that is to say, much before the expiry of the period of limitation and the FIR was registered by the All-Women Police Station, Tiruchirapalli on that day. A copy of the FIR was sent to the Magistrates Court on the next day i.e. on 24-6-1999. However, the process of investigation and filing of charge-sheet took its own time. The process of taking cognizance was consequentially delayed. There is also the further fact that the appellants filed Writ Petition (Crl.) No. 1719 of 2000 in the Bombay High Court for quashing the FIR or in the alternative to direct its transfer to Mumbai. We are told that the High Court granted an ex parte interim stay. On 20-8-2001, the writ petition was permitted to be withdrawn with liberty to file a fresh petition. The charge-sheet was filed four months thereafter. It is in this background that the delay has to be viewed. The ratio of the above noted judgments is that while considering the applicability of Section 468 to the complaints made by the victims of matrimonial offences, the court can invoke Section 473 and can take cognizance of an offence after expiry of the period of limitation keeping in view the nature of allegations, the time taken by the police in investigation and the fact that the offence of cruelty is a continuing offence and affects the society at large. To put it differently, in cases involving matrimonial offences the court should not adopt a narrow and pedantic approach and should, in the interest of justice, liberally exercise power under Section 473 for extending the period of limitation.
Supreme Court of India Cites 15 - Cited by 122 - S S Quadri - Full Document
1   2 3 Next