#DISMISSAL OF CRIMINAL CASE U/S 468 OF CRPC, DELAY BARS MAGISTRATE TO TAKE COGNIZANCE OF OFFENCE

DR. TUSHAR MANDLEKAR, IN EPISODE 61 EXPLAINS LIMITATION TO START CRIMINAL TRIAL, BAR IN TAKING COGNIZANCE OF THE OFFENCE BY MAGISTRATE, SECTION 468 AND 473 OF CRPC
#HOW TO QUASH FIR ON ACCOUNT OF DELAY IN STARTING CRIMINAL TRAIL, WHAT IS THE RELEVANT DATE IN COMPUTING THE DELAY INN STARTING CRIMINAL TRIAL ?
SECTION 468 CREATES A BAR ON MAGISTRATE TO TAKE COGNIZANCE OF THE OFFENCE BEYOND THE PRESCRIBED STATUTORY PERIOD, THIS GIVES ADDITIONAL ADVANTAGE TO THE ACCUSED, WHO CAN SEEK DISMISSAL OF CRIMINAL TRIAL ON ACCOUNT OF DELAY

Section 468 in The Code Of Criminal Procedure, 1973
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) six months, if the offence is punishable with fine only
1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.
(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
Section 473 in The Code Of Criminal Procedure, 1973
473. Extension of period of limitation in certain cases. Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if 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 so to do in the interests of justice.

PLEASE ALSO WATCH IMPORTANT VIDEOS
(1) HOW TO GET BAIL
(2) ANTICIPATORY BAIL
(3) REGULAR BAIL
(4) DEFAULT BAIL
(5) TOP FIVE ARGUMENTS OF BAIL

#GUIDELINES TO QUASH FIR
STATE OF HARIYANA VS BHAJANLAL
1992 {SUPP} {1} SCC-335
Paragraph 102 which enumerates 7 categories of cases where power can be exercised under Section 482 Cr.P.C. are extracted as follows:
following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice:-
(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

[sabariyas.m]

Hi Sir.. very useful video 👍 there was driving case under 279 and 337 ( but they say it’s criminal offence) and the case is disposed under crpc 468 due to no evidence or charge sheet was filed by the police for 3 years.. so could you please let me know what happens to the case now? Will I still have it in my records? And should I select ‘yes or no’ In my job applications if they ask if I’m ever convicted of a criminal offence?

Thanks in advance

[charlesdobronxoliveira]

So basically if FIR has been filed in 2018 under ipc324 & no chargesheet has been filed till 2021
It'll be barred by crpc 468 or not?