ROMA AHUJA versus THE STATE AND ANOTHER

Case summary from SCR

Issue for Consideration What would be the relevant date for computation of the period of limitation, whether it is the date when the criminal complaint is filed or the date when the Court/Magistrate takes cognizance. Headnotes† Code of Criminal Procedure, 1973 – s.468 – Penal – Bar to taking cognizance after lapse of the period of limitation – High Court quashed the FIR on the ground of limitation holding that the date of taking cognizance by the Magistrate is relevant and as cognizance was taken after a period of one year, the bar of limitation u/s.468