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
prescribed
under the Cr.P.C . This judgment lays down the correct law.
b. Section 468 of the Cr.P.C. has to be read ... 473 of the Cr.P.C. also provides for
extension of period of limitation in taking cognizance.
d. The scheme of the Cr.P.C
Section 473 Cr.P.C. Now let us have a look into these three provisions, which read as follows:
473 Cr.P.C . - Extension ... Section 5 of the Limitation Act and Section 473 Cr.P.C., inasmuch as in Section 5 of the Limitation Act, the language used
their respective
contentions.
9. Provisions of Section 468 Cr.P.C. and 473 Cr.P.C.
read as under:
"468. Bar to taking cognizance ... extension of period of
limitation under Section 473 Cr. P.C. is not
envisaged under Cr.P.C . but the necessary
ingredients required for such
Section 468(2)(c) Cr.P.C. In the present case, charge sheet having been filed under Section 498A / 34 I.P.C. and under ... purview of Section 468 Cr. P.C, the power to extend the period of limitation Under Section.473 Cr. P.C. clearly applies
Cr.P.C. must precede the act of taking cognizance under
Section 190(1)(b) Cr.P.C. On a reading of Section 473 Cr ... power under Section 473 Cr.P.C. vitiates the process of taking cognizance
under Section 190(1)(b) Cr.P.C. Learned counsel
under Section 468 Cr.P.C.
9. Further, A3 (K.Ravichandran), A4 (Ramnath) and A6
(A.Marimuthu), have earlier filed Crl.O.P ... basic difference between
Section 5 of the Limitation Act and Section 473 of the
Criminal Procedure Code. For exercise of power
under Section
Section 190 Cr.P.C. speaks about the 'cognizance of
offences by Magistrates'. As per Section 190(1)(b) Cr.P.C ... file a petition under Section
473 Cr.P.C.
11.4. The object of Chapter XXXVI Cr.P.C , which contemplates
limitation for taking cognizance
Section 468 Cr.P.C. the period of limitation shall commence
from the date of occurrence. Section 468 Cr.P.C. is extracted hereunder ... under Section 473 Cr.P.C. is the
Page No.15 of 18
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CRL.O.P
Section 473 Cr.P.C. applies where the Police files charge sheet
after expiry of limitation under Section 468 Cr.P.C. but, it does ... Section 473 Cr.P.C. can be availed,
while filing the charge sheet, but the Police cannot circumvent Section 468
Cr.P.C
