Cr. PC
3. The respondent, as complainant, alleged in his complaint under Section
200 , Cr. PC that the appellants had committed offences punishable
under Sections ... offences
alleged apart from the offence under Section 323 , IPC, the bar in
Section 468 , Cr. PC took effect and the High Court
section 406 read with section 120B of IPC. Accordingly, the case falls under clause (c) of sub section (2) of section 468 Cr PC ... section 200 Cr PC. It was the transferee Magistrate who proceeded with the examination of the complainant and the witnesses under section 200 Cr PC
extend to
six months or with fine or with both. Section 468 Cr. PC mandates
that no court shall take cognizance of an offence beyond ... under section 167 IPC under
similar situation after the expiry of period of limitation of three years
as prescribed under section 468 Cr. PC
period of limitation is three years. As per sub-
section (3) of Section 468 , Cr.PC, where the offences are tried
together, the limitation will ... terms observed that there
was no reference either to Section 468 or Section 473 , Cr.PC
in the judgment in Krishna Pillai (supra
invoked for making complaint / application u/s 12 of the
PWDV Act. U/s 468 Cr.PC , the bar of limitation is only for taking ... mentioned in the PWDV Act is u/s 31 , to which alone the
provisions of Sec. 468 Cr.PC will be applicable. For this view
notice for offence under Section 465
IPC was framed. At that stage, the question of applicability of section
468 Cr. PC was raised and plea ... already attained the finality and
the question of applicability of Section 468 Cr PC will be considered
4
only after taking the evidence from
Section 82 Cr.PC.
10. Section 174-A IPC is reproduced as under :-
Section 174-A: Non-appearance in response to a
proclamation under section ... Section (1) of Section 82 of Cr.PC and
maximum sentence is provided as three years or with fine
or both as per Section
under Section 397 Cr. PC before the Sessions Court and therefore the
revision petition filed in this case is maintainable.
12. Section 468 Cr. PC ... Section 468 (2) (c) Cr. PC.
Section 469 Cr. PC specifies the commencement of period of limitation.
Section 469 (1) (a) provides the period
conferred Under Section 473 Cr. PC.
6. Admittedly, an offence Under Section 406 IPC invites maximum imprisonment for three years. Under Section 468 ... years period is applicable for initiating a criminal action.
7. Section 468 Cr. PC has laid down different periods of limitation for a Court
after the lapse of the period of limitation under Section 468 of the Cr. PC.
12. The learned Additional Central Government Standing Counsel ... period of limitation in view of the bar under Section 468 of the Cr. PC and the proceedings are liable to be quashed
