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Supreme Court of India

Kamatchi v. Lakshmi Narayanan

Neutral citation
Reported as [2022] 5 S.C.R. 629
Bench Uday Umesh Lalit and Pamidighantam Sri Narasimha JJ.
Decided 13 April 2022

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.

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 21

From the headnote

Protection of Women from Domestic Violence Act, 2005 – ss.12 and 31 – Proceedings arising out of application of app ellant-wife u/s.12 of the Act in the year 2018 seeking protectio n in terms of ss.17 and 18 of the Act – Petition of respondent-husb and u/s.482 CrPC – High Court quashed the proceedings on ground of limitation holding that ss.28 and 32 of the Domestic Violence Act r/w r.15(6) of the Domestic Violence Rules, made the provisions of Criminal Procedure Code applicable and therefore, appellant ought to have filed application u/s.12 of the Act within period of one year from date of

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