Continuing offence- Section 472 of Code of Criminal Procedure 1973 As per Section 472 of Code of Criminal Procedure in the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues. The petition is filed alleging the incident taken place about 8 years back. The learned judge of this Court has observed the cause of action in the said case was 4 years prior to the filing of the complaint. Bar to taking cognizance after lapse of the period of limitation. He gave me the 11 new R. Petition filed by the appellant under Section 482 Cr. Thus, interest of justice warrants quashing of the same.
However, the complainant Amandeep Kaur had alleged that she was induced by her husband to get divorce for settling in the United States and it was his intention to kick her out from the house. Both of them got married in year 1998 and had been blessed with a son in year 1999. The aforesaid could not be answered by the learned counsel for petitioners. Section 471 provides for exclusion of date on which court is closed and Section 472 provides for continuing offence. Bail depends on a number of factors.
The justification seems to be there but it cannot be taken to be proper by awarding 60% of the gross salary. The learned Magistrate issued the summons to the appellant on the same date. On these grounds, this Court allowed the petition under Section 485 of Cr. In view of above, even second argument is not legally tenable. I only depend on small voluntary contributions from kind visitors like you. Therefore the present application should be dismissed. Whether for the purposes of computing the period of limitation under Section 468 of the Cr.
She was treated cruelly by the petitioner and his parents during that time. Exclusion of date on which Court is closed- Section 471 of Code of Criminal Procedure 1973 As per Section 471 of Code of Criminal Procedure 1973 where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens. Thus, the appeal deserves to be allowed. More so, the reliefs claimed by the respondent no. Consequently, the complaint filed by the respondent herein in Crl.
Judicial activism was rightly resorted to by the U. They are living separately from each other since 23. I explained him that I have already sent you a notice stating that I will make the payments of the installments in the name of Real Auto Deals but you are not doing so, therefore, I got stopped the payments. Singh, learned counsel for the respondent has rightly expressed his concern that the decision in B. Explanation- A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.
Joshi's case supra relying on its own decision in State of Karanataka vs. In our view, the High Court's refusal to exercise its jurisdiction under Article 226 of the Constitution for quashing the criminal proceedings cannot be supported. Inspector of Police and Anr. The discretionary power can be exercised if the Court is satisfied that: 1 the delay has been properly explained; or 2 it is necessary to take cognizance in the interests of justice. Even now website maintenance and yearly website hosting fees and other licenses take a lot of time and money.
Power to condone the delay can be exercised even after taking cognizance of the offence. The Constitution Bench held that for the purpose of computing the period of limitation under Section 468 of the Cr. It has been argued by the ld. More so, such a declaration cannot be obtained in collateral proceedings. After that there is no co-habitation between us. Bar to taking cognizance after lapse of the period of limitation. The allegation to the extent that they had been living together even after divorce were false and baseless and had been labelled only to harass the appellant.
However, the couple must hold themselves out to society as being akin to spouses in addition to fulfilling all other requisite conditions for a valid marriage. The provision aforesaid refers to duration of the punishment to determine limitation. The Court also relied on the decisions in Madhavrao Jiwajirao Scindia vs. Unfortunately, learned counsel for the parties appearing in those cases, did not refer the judgment of the Hon'ble Supreme Court, wherein, similar issue was decided. Section 473 is an overriding provision which enables courts to condone delay where such delay has been properly explained or where the interest of justice demands extension of period of limitation. The instant case is required to be considered in the aforesaid factual backdrop. 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.
The application was not maintainable on the aforesaid ground. It is given orally-to be reduced in writing or in writing to the officer in-charge of the police station. When no sentence has been provided, how the limitation would be determined. From the above, it is evident that even if a decree is void ab initio, declaration to that effect has to be obtained by the person aggrieved from the competent court. Vide: State of Kerala v. The said judgments are distinguishable on facts as those cases relate to live-in relationship without marriage.