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
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
taking cognizance of an offence under Section 384 IPC is barred as per the provisions contained in Section 468 Cr.P.C., the delay ... offence under Section 468 IPC, the trial court is empowered to frame a charge under Section 468 IPC at the time of framing the charges
making an endorsement as follows :
"Delay condoned under section 473 , Criminal Procedure Code and C.S. taken on file."
On receipt of summons ... matter in the court. Section 468 , Criminal Procedure Code prescribes a period of limitation for various categories of offence. Section 473 , Criminal Procedure Code contains
accused in Crl.MP.No.1767 of 2023 as the Court wanted to exercise its power
under Section 473 Cr.PC.
Page ... Cr.PC.
33. The offence under Section 294(b) IPC is punishable with six months
imprisonment. The offence under Section 323 IPC is punishable with
with both.”
22.Considering Section 468(2)(c) Cr.P.C., the charge sheet in respect
of Section 353 IPC should have been filed within ... person intimidated
24.Considering Section 468 (2) (c) Cr.P.C., the charge sheet in respect
of Section 506(i) IPC should have been filed
Considering Section 468 (2)(c) Cr.P.C., the charge sheet in respect
of Section 324 IPC should have been filed within three years from ... judis
8/11
Crl.O.P.(MD) No.16090 of 2023
21. Section 473 Cr.P.C. runs as under:-
“Extension of period of limitation
period of limitation as prescribed under
Section 468(2) of Cr.P.C. without first
resorting to Section 473 of ... petition or reason given
seeking condonation of delay as per Section
473 Cr.P.C is made. The valuable right
accrued to an accused person