Criminal Procedure Code, 1973, Section 482, 468 -- Quashing of proceeding - Cases covered by statutory bar of limitation may be liable to be quashed without any further enquiry - But cases not covered by statutory bar can be quashed on the ground of delay in filing criminal complaint in appropriate cases as there is violation of right of speedy trial u/art 21 of..........
Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Quashing of complaint - Compliant filed after delay of 16 years - Though complainant stood convicted in cross case but he did not even bother to seek simultaneous trial of cross case - Having regard to nature of allegations and entirety of circumstances, it would be unfair and unjust to permit complainant to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Act of 2005 - Limitation - S.468 Cr.P.C. has no application to S.12 of Act of 2005 as it is not a complaint and does not provide punishment...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B(2), Criminal Procedure Code, 1973, Section 468 -- Illegal gratification - Criminal conspiracy - Cognizance of offence - Incident took place in the year 1995, FIR lodged in the year 1999 and cognizance taken in 2001 - Entire proceedings are vitiated in law as limitation to..........
Indian Penal Code, 1860, Section 320, 322, Criminal Procedure Code, 1973, Section 468 -- Emasculation - Limitation - Petitioner along with 400 other males underwent castration surgery on inducement of 5th respondent that such emasculation would lead to realization of God - Compliant lodged after 12 years of incident - Question of delay in launching criminal prosecution may..........
Electricity Act, 2003, Section 135 -- Theft of electricity - Limitation - Punishment provided exceeds one year but not exceeds three years - Period of limitation is three years - Complaint is not barred by limitation as same is filed within three years from the date of quashing of earlier proceedings with liberty to file a fresh complaint - Court rightly concluded that..........
Securities and Exchange Board of India Act, 1992, Section 11(3), 24, 26, 27 -- Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Related to Securities Market) Regulations, 1995, Reguls. 6(d), 7 - Violation of Regulations - Complaint - Limitation - It was only after investigation report submitted to Board and approved that Board..........
Criminal Procedure Code, 1973, Section 468 -- Period of limitation - Computation - Limitation prescribed is the date of institution of complaint/charge sheet and not the date of cognizance or issuance of process by Court...........
Criminal Procedure Code, 1973, Section 468 -- Cognizance of offence - Bar of limitation - Offence u/s 304-A IPC registered on 31.07.2005 - Charge sheet filed on 24.05.2008 - Period of limitation is three years from the date of institution of complaint/charge sheet - Charge sheet, held, not barred by limitation...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation - Condonation of delay - Delay of 25 days in filing complaint - High Court quashed complaint on ground that complaint is barred by limitation when plea of limitation was taken for the first time before High Court - High Court ought to have remanded the matter back to trial Court for..........
