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Supreme Court of India

Mrs. Sarah Mathew v. The Institute of Cardiovascular Diseases by its Director - Dr. K.M. Cherian & Ors.

Neutral citation
Reported as [2013] 12 S.C.R. 674
Bench P. Sathasivam, Dr. B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi and S.A. Bobde JJ.
Decided 26 November 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

12 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that for the purpose of computing the period of limitation under Section 468 of the Cr.P.C. the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance.

Judgment, page 61

From the headnote

Code of Criminal Procedure, 1973: ss. 468 and 469 rlw s. 473 - Bar to take cognizance after lapse of the period of limitation - Commencement of period of limitation and extension thereof - Held: For the purpose of computing the period of limitation u/s 468, the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance - In view of s. 469, period of limitation in relation to an offence shall commence either from the date of offence or from the date when the offence is detected - If the complaint is

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 3 followed · 1 distinguished · 6 referred to · 1 explained

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