learned
Judge has referred to section 473 of Cr.P.C. which reads thus;
"473 - Extension of period of limitation in certain cases -
Notwithstanding ... view of Section 468 of Cr.P.C. The High
Court has considered this aspect and after referring
to Section 473 CrPC held
taking of cognizance has been prescribed u/S. 468 of Cr.P.C. and there is no reason why the appellant should not be entitled ... consequence to oppose the application u/S. 473 , Cr.P.C. seeking condonation of delay in filing the prosecution.
32. In the light
Section 468(1) of the Cr.P.C., 1973, after the period of limitation. He has submitted that there was no application under Section 473 ... provisions of Sections 468 and 473 of the Cr.P.C. 1973, has taken the view (at p
three years, being the period of limitation
prescribed under Section 468 (2) Cr.P.C. It is also contended that the prosecution
had never sought ... required under Sec. 473 Cr.P.C. The applicant filed an
application Ex.7 before the J.M.F.C. ,Malegaon,for dismissal
accused, has urged that in view of the provisions of Section 468 Cr.P.C., the alleged offence is punishable with fine only and, therefore ... 473 of Cr.P.C. The prosecution was initiated beyond the period of limitation prescribed by Section 468 Cr.P.C. Delay cannot be condoned
ignored. P. D. Pujari 's case (supra) was mainly concerned with the provisions of Section 469 of Cr.P.C. providing for commencement ... limitation passed by the Court concerned acting judicially under Section 473 , Cr.P.C. not when an objection is taken but at the time
matter falls under clause (a) of sub-section (2) of section 468 of Cr.P.C. Even if it is considered that the concerned authorities ... Cr.P.C. No prior sanction of the Magistrate was obtained by the Police as per provisions of section 155 of Cr.P.C
particular case before him the petition under Section 473 of the Cr.P.C. was filed on 12th June, 1980. The matter was adjourned without ... Judge held that Section 468 of the Cr.P.C. lays down that except as otherwise provided elsewhere in the Code no Court shall take
take any steps for seeking condonation of delay under section 473 of the Criminal Procedure Code. It was ultimately on 27th February, 1984 that ... under section 406 of the Indian Penal Code. Even the application filed on behalf of the prosecution under section 473 of the Criminal Procedure Code
under offences under
Sections 354 and 509 of the IPC is considered along with limitation
provided under Section 468 of the Cr.PC., then ... provisions of Section 468 of the Cr.PC
and when there is no case made out under Section 473 of the Cr.PC.,
could
