SAVITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State.

(2.) This application has been filed for quashing of the order dated 14.11.2005 passed in Udwant Nagar Police Station Case No. 56 of 2001 (G.R. No. 668 of 2001/Trial No. 1275 of 2005) by which the Chief Judicial Magistrate, Bhojpur at Arrah has taken cognizance for the offences under Sections 341, 323 & 504 of the Indian Penal Code. The order was challenged in Criminal Revision No. 55 of 2006 on the ground that the cognizance is barred under Section 468 of the Code of Criminal Procedure. The Revisional Court i.e. the Additional Sessions Judge, Fast Track Court No. V, Arrah has held that "But limitation prescribed Under Section 468 Cr.P.C. is to be reckoned with reference to the date of the filing of complaint/charge sheet in the court in the first instance but not with reference to the date of taking cognizance." The finding of the Revisional Court is beyond the provisions of the Code of Criminal Procedure. Section 468 of the Code of Criminal Procedure reads as follows:

(3.) The period of limitation is prescribed under Section 469 of the Code of Criminal Procedure. It specifically states that "the limitation will commence (a) from the date of the offence; (b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police office, whichever is earlier; or (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier".