Judicial Magistrate for
adverting to the provisions of Section 468 read with Section 473 Cr.P.C.
Keeping in view the discussion made hereinabove, there ... Order of learned Magistrate does not even refer to
either Section 468 or Section 473 Cr.P.C. High Court clearly erred in
holding that
delay in that case could be explained away under Section 473 Cr.P.C. on the ground that the delay occurred in the process ... condoned and the period of limitation cannot be extended under Section 473 Cr.P.C. I have already taken the view relying on the decision
2015, the trial court, after taking into
consideration the application under section
473 CrPC has found that the reasons for
filing the complaint ... reasons given in the
application for extension of time under
section 473 CrPC. Hence, no illegality can be
found in the orders passed
period is extended by
condoning the delay by virtue of Section 473 CrPC. Case of
Panney Singh v. State of Rajasthan ... strictly
satisfying the conditions prescribed under Section 473 and that
too for proper reasons. Section 473, which is an exception to
S.468, empowers
terms of Section 469 Cr.P.C.
However, the period of limitation can be extended in certain cases.
Section 473 Cr.P.C deals with ... extension of period of limitation in
certain cases. The Section 473 Cr.P.C is reproduced as follows :
473. Extension of period of limitation
limitation
period as provided under section 468 of the Code of
Criminal Procedure, 1973 (“ CrPC ”).
SLP (Crl.) No. 9709/2024 & Anr. Page ... cognizance of the
offence under section 498A and the question of applicability or
exercise of powers under section 473 CrPC as erroneously
observed
which the accused has been sentenced. Sub-Section (1) of Section 432
Cr.P.C./ Section 473 BNSS reads as follows :
“432.Power to suspend ... batch
Cr.P.C ./ Section 430 BNSS and Section 432 Cr.P.C./ Section 473 BNSS.
Under Section 389 Cr.P.C./ Section 430 BNSS
which the accused has been sentenced. Sub-Section (1) of Section 432
Cr.P.C./ Section 473 BNSS reads as follows :
“432.Power to suspend ... batch
Cr.P.C ./ Section 430 BNSS and Section 432 Cr.P.C./ Section 473 BNSS.
Under Section 389 Cr.P.C./ Section 430 BNSS
complainant can make an application for condonation of delay under Section 473 CrPC. The court will have to issue notice to the accused ... after the period of limitation then, the question is how will Section 473 CrPC work. The complainant will be interested in having
Criminal Procedure Code in putting a bar of limitation as follows: (SCC p.36,para 3)
"3...The object of the Criminal Procedure Code ... closed (Section 471), for continuing offences (Section 472) and for extension of period of limitation in certain cases (Section 473). Section 473 is crucial
