N D SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners original accused have filed this Criminal Revision Application against the judgment and order of the learned Additional Sessions Judge Junagadh condoning delay of six days in filing of complaint by the public Prosecutor (Respondent No. 2 wherein) for offence under Section 500 I.P.C. read with the provisions of Section 199 Cri. P.C. 1973. The offending report was published in Indian Express dated 25 December 1979 The Collector Junagadh (a public servant) feeling aggrieved by that offending report requested the Government for the requisite sanction under Section 199 (4) (b) Cri. P.C. The State Government granted the sanction dated 21st June 1980 and dispatched the same to the Connector on 23rd June 1980 which was received by the Collector on 28th June 1980 and a Complaint was filed by the Public Prosecutor on 1 July 1980 Thus from the date of offence namely 25 December 1979 the complaint was not filed within a period of six months but it was filed six days late on 1st July 1980 and therefore it appeared to be barred by Section 199 (5) Cri. P.C. which reads as under: (5) No court of Session shall take cognizance of an offence under sub-section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed. Sub-section (2) is a provision for a complaint by the Public Prosecutor in case of defamation of a public servant.

(2.) It is clear and admitted position that the complaint is filed beyond the period of six months from the date of the alleged offence. The question is whether the delay for which sufficient cause is shown can be condoned or there is no power to condone delay at all and whether the period required for obtaining the requisite sanction can be excluded for computing the period of limitation ?

(3.) The learned counsel for the petitioners has contended that there is no such power and Section 199 (5) Cri. P.C. is in very simple and clear language and makes an absolute provision for enabling the Sessions Court to take cognizance only if the complaint is made within six months from the date of the offence and once the period of six months has expired there is no power to take cognizance and no power to condone the delay or exclude the period so as to enable it to take cognizance which is expressly barred by the provision in Section 199 (5) Cri. P.C.