Supreme Court of India
Ghanshyam Soni v. State (govt. of Nct of Delhi) & Anr.
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What the Court ordered
We hold that for the purpose of computing the period of limitation, the relevant date must be considered as the date of filing of complaint or initiating criminal proceedings and not the date of taking cognizance by a Magistrate or issuance of process by a court.
Judgment, page 13
From the headnote
Issue for Consideration Issue arose whether the cognizance on the complaint u/ss.498A rw s.34 IPC was taken beyond the limitation period as mandated u/s.468 CrPC; and whether the prima facie case u/ss.498A rw s.34 IPC was made out against the appellant-husband or his family. Headnotes† Code of Criminal Procedure, 1973 – s.468 – Penal Code, 1860 – ss.498A, 34 – Bar to taking cognizance after lapse of the period of limitation – Allegations of cruelty and dowry demand against the appellant-husband and in-laws, by the respondent no.2-wife – Both parties police officer – Filing of complaints by
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