Supreme Court of India
Arun Vyas and Anr. v. Anita Vyas
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the reasons stated above the High Court was not correct insofar as C the order_ of Magistrate relates to Section 406 IPC. But in regard to offence under Section 498-A IPC no exception can be taken to the impµgned order under appeal as the learned Magistrate did not take note of Section 473 Cr.P.C., while ordering discharge of the appellants.
Judgment, page 10
From the headnote
Criminal Law: Criminal Procedure Code, 1973 : Sections 190(1) and 473. c Offence-Discharge of accused-After taking cognizance of Complaint-Under Section 190(1)-For offence under S.406 JPC"-Filed beyond period of limitatio'n--No explanation for delay-Magistrate ordered investigation by Police-Police submitted charge-sheet (final· report) Magistrate took cognizance qf the offence and fixed a date for framing charges-But on that date discharged the accused on the ground that complaint was barred by limitation-However, High Court set aside the order of discharge-Permissibility of-Held: Under
Where later benches applied it
Of those, 1 referred to
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