Supreme Court · 2007 INSC 789 · Decided 27 July 2007
Japani Sahoo v. Chandra Sekhar Mohanty
- Court
- Supreme Court of India
- Citation
- 2007 INSC 789 · [2007] 8 S.C.R. 582
- Case number
- CRIMINAL APPEAL No. 942/2007
- Decided
- 27 July 2007
- Bench
- C.K. THAKKER, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 294, 323; CrPC Section 482, 468; Constitution Article 14; NDPS Act; Limitation Act
Headnote
Code of Criminal Procedure, 1973: ). c s. 468-Cognizance of offences-Period of limitation-Computation of-Relevant date-Complaint for offences punishable ulss. 294 and 323 /PC filed within three days from date of alleged offence-Held: Complaint must \· be held to be filed within period of purpose of computing period of limitation relevant date must be considered as date of filing D complaint or initiating criminal proceedings and not date of taking cognizance by Magistrate or issuance of process by a Court-Connecting provision of limitation ins. 468 with issuing of process or
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