DINAMALAR KRISHNAMURTHY Vs. G PANNEERSELVAM

JUDGEMENT

(1.) THE petitioner is accused in C.C.No.12826 of 1988 pending on the file of the XIII Metropolitan Magistrate, Egmore, Chennai. He faces a private complaint for offences under Secs.500, 501 and 502, I.P.C. While so, he filed a petition before the trial Court by way of memorandum of objection in the Court which took cognizance of the offence. According to the petitioner, the offence was said to have taken place on 4.8.1985 on the date when the alleged imputation was published in the daily "Dinamalar", whereas the complaint was filed on 4 8.1988; but it was taken cognizance by the Court only on 30.11.1988. THErefore, the accused wanted to invoke the benevolence provisions found in Sec.468, Crl.P.C. on the contention that taking cognizance of the offence beyond the period of three years as contemplated under Sec.468 is in violation of the established procedure of law. THE trial Court negatived the contention and dismissed his petition. Hence this revision.

(2.) THE alleged imputation was said to have been published in the paper on 4.8.1988. THE complaint for the offences under Secs.500, 501 and 502, I.P.C. was filed on 2.8.1988 and the same was taken cognizance by the Magistrate on 30.11.1988. Insofar as these dates are concerned, there is no dispute. THE only point urged by the learned counsel appearing for the petitioner is, that inasmuch as taking cognizance of the offence was made only on 30.11.1988 which is being the period of three years as contemplated under Sec.468, Crl.P.C., the accused cannot be made to face a prosecution and therefore, the complaint has got to be dismissed in limine.Sec.468, Crl.P.C. fixes the period of 3 years limitation for an offence punishable with imprisonment for a period exceeding one year, but not exceeding three years. All the above three offences invite punishment only upto two years; therefore the period of limitation for taking cognizance of the offence is, no doubt, only three years as per Sec.468, Crl.P.C. in the absence of any application being made by the complainant under Sec.473, Crl.P.C.