Supreme Court of India
Amritlal v. Shantilal Soni & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that for the purpose of computing the period of limitation under Section 468 CrPC 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 5
From the headnote
Code of Criminal Procedure, 1973: s. 468 – Bar to cognizance after lapse of period of limitation – Relevant date for computation of limitation period u/s. 468 – Held: Is the date o f filing of the complaint or the date of institution of prosecution and not the date on which the magistrate takes the cognizance of the offence – On facts, the High Court erred in assuming that the da te of taking cognizance is decisive of the matter, while ignoring the f act that the written complaint was indeed filed by the complainant well within the period of limitation of 3 years with reference to the date of
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