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
justice.
[ Emphasis added ]
The court then compared Section 473 Cr.P.C. with Section 5 of
the Limitation Act and observed :
For exercise of power ... presumption
of condonation of delay under Section 473 Cr.P.C. and observed :
Section 473 confers power on the court taking
cognizance after the expiry
have overlooked the
provisions of Section 473 Cr.P.C. He argued that no
provision in Cr.P.C . provides that after taking cognizance ... clearly barred by limitation under Section
468(2)(c ) Cr.P.C . It may be noted here that Section 473
Cr.P.C. which extends
husband, should judge that question, in the light of Section 473
of the Code, which requires the Court, not only to examine as
to whether ... being discharged on the
ground of limitation under Section 468 Cr.P.C. read with Section 473
Cr.P.C. held that Section 473 Cr
Penal Code, 1860 ( IPC , for short) and investigation was
CRL.M.C. No. 1344/2007 Page 1
undertaken.
2. During investigation, Section 420 IPC ... Court
has examined Section 473 of the Code and has observed:
"14. It may be noted here that Section 473
Cr.P.C. which
Section 468 of the Cr.P.C. prohibits taking of cognizance after
expiry of period of limitation. Section 469 of the Cr.P.C. provides ... I.P.C . is three years as provided under Section 468 (2)(c) of the Cr.P.C.
Section 473 of the Cr.P.C
light of Section 473
of the Code, which requires the Court, not only to examine as
W.P.(CRL) 431/2016 Page ... being discharged on the
ground of limitation under Section 468 Cr.P.C. read with Section 473
Cr.P.C. held that Section 473 Cr
husband, should judge that question, in the light of Section 473
of the Code, which requires the Court, not only to examine as
to whether ... being discharged on the
ground of limitation under Section 468 Cr.P.C. read with Section 473
Cr.P.C. held that Section 473 Cr
Criminal) 828 :
[1999(4) SCC 690 ] Hon'ble Apex Court again considered the applicability
of Section 473 , Criminal Procedure Code in cases relating ... prescribed
by Section 468 , Criminal Procedure Code cannot have any
application and under the circumstances, provisions of
Section 472 , Criminal Procedure Code will be attracted
barred by limitation under Section 468(2)(c) Cr.P.C.
14. It may be noted here that Section 473 Cr.P.C. which extends ... quashing the complaint as Section 468 Cr.P.C. could not be applied to offence under Section 494 IPC (for it is punishable with imprisonment
