LAWS(APH)-2007-1-37

HINDUSTAN LEVER LIMITED Vs. STATE OF A P

Decided On January 31, 2007
HINDUSTAN LEVER LIMITED, MUMBAI Appellant
V/S
STATE ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This matter has come up before this Court on a reference by a learned Single Judge of this Court to consider the question:

(2.) The question of law involved in this case, though short one, has been the subject of conflicting decisions of the Supreme Court in Krishna Pillai v. T.A. Rajendran, 1990 (Supp) SCC 121 and Bharat Damodar Kale v. State of Andhra Pradesh, 2004 (1) ALD (Crl.) 27 (SC).

(3.) The learned Single Judge expressed his inability to agree with the view taken by this Court in Crl.P.No.3572/2003 wherein it was held that the date of taking cognizance of the offence by the Magistrate is relevant and not the date of filing of the complaint before the Court for the purpose of Section 468 Cr.P.C. Hence made the reference.