BISWANATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this case, the occurrence relates to a period in the year 1989. It is alleged that the occurrence took place on 25th February, 1989, and the charge - sheet was filed on 10th August, 2000. The petitioners approached the Court below with a request that in terms of Section 468, Cr PC the taking of cognizance of the case was time barred because the offence attracted punishment of imprisonment for a period not exceeding 3 years and, therefore, the limitation had expired. Learned Court below, however, rejected the petitioners request, and by applying and invoking Section 473, Cr PC held that since the delay had been explained, the Court could take cognizance of the case even after expiry of almost 10 years between the date of occurrence and the submission of charge - sheet.

(2.) UNDOUBTEDLY , Section 473, Cr PC does give jurisdiction to the Court to take cognizance of an offence after the expiry of the period of limitation but only on the condition that it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained, or that it is necessary to do so in the interests of justice.

(3.) WHY was the charge -sheet not submitted immediately alter the occurrence?