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section 473 of Cr.p.c.-Extension of period of limitation in certain cases.

 

 

section 473 of Cr.p.c.Extension of period of limitation in certain cases.-

Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

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“The said provision reads as under: 473 – Extension of period of limitation in certain cases. Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may make cognizance of an offence after the expiry of the period of limitations, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice

instant case, it is not the contention of the Petitioner that the complainant was responsible in any manner for the delay, if any, in the learned MM taking cognisance of the offence complained of. Section 473 CrPC has not been adverted to by the Supreme Court in the judgment in Krishna Pillai. Even if one were to go by the judgment in Krishna Pillai then it would mean that the date of taking cognisance should be construed as 27th January, 1990 and not the date of the filing of the complaint which is 12th May, 1987. That would in turn mean that there is a delay in the learned MM taking cognisance. Given that this is a case of statutory offence involving a police officer in which the complainant, has without unnecessary delay, lodged a complaint, there is no reason why the complainant should suffer the fate of dismissal of the complaint on a technical plea of limitation brought about not by any conscious act of the complainant but for the failure of the court to take the steps to issue the summoning order. The act of court can do no wrong, and this is perhaps what is encapsulated,:

 

DELHI HIGH COURT.

Inspector Ran Singh vs State Of Delhi And Anr.
on 30 January, 2008
Author: S Muralidhar
Bench: S Muralidhar

 

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