Section 473 in The Code of Criminal Procedure, 1973
473. Extension of period of limitation in certain cases.
- Notwithstanding anything contained in the foregoing provisions
noted the basic difference between Section 5 of the Limitation Act and Section 473 of the Code of Criminal Procedure. In para ... There is a basic difference between Section 5 of Limitation Act and Section 473 of the Criminal Procedure Code. For exercise of power under Section
Section 472) and for
extension of period of limitation in certain cases (Section
473) have been incorporated, and it is further observed that
Section 473 ... been observed that provisions of Section
5 of Limitation Act and Section 473 Cr.P.C. are not
applicable in cases under Section
Section 473 Cr.P.C. for taking cognizance of the offence under Sections 498A / 34 I.P.C. as well as under Sections ... contained in Section 468(2)(c) Cr.P.C. In the present case, charge sheet having been filed under Section 498A / 34
Cr.P.C. must precede the act of taking cognizance under
Section 190(1)(b) Cr.P.C. On a reading of Section 473 ... exercise of power by the court under Section 473
Crl.Appeal No.844/2000 18
Cr.P.C . vitiates the entire trial rendering the same
basic difference between
Section 5 of the Limitation Act and Section 473 of the
Criminal Procedure Code. For exercise of power
under Section ... have been
committed. There is no reference either to Section 468 or
Section 473 CrPC in that judgment. It does not refer
under
Section 498(A) IPC. There was also an another offence under Section 494
IPC and for which the bar under Section 468 ... closed (Section
471), for continuing offences (Section 472) and for
extension of period of limitation in certain cases (Section
473). Section 473 is crucial
procedure is not known to law. Mr Luthra, learned ASG submitted that
use of disjunctive “or” in Section 473 CrPC suggests that ... basic difference between Section 5 of the
Limitation Act and Section 473 of the Criminal Procedure Code. For
exercise of power under Section
view of Section 468 Cr.P.C. The
opportunity given to the accused to oppose this
application under Section 473 Cr.P.C. after cognizance ... offence. That entitlement,
before it is waived by resorting to procedure under
section 473 Cr.P.C., the prospective accused must be
heard. Else
refer to sections 468 , 469 , 472 and 473 of the
Code of Criminal Procedure. Section 468 , Cr.P.C reads as follows ... limitation provided under sub- section 2 of section 468 , Cr.P.C. It is
appropriate to refer to section 473 Cr.P.C in this
