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...of CrPC.
4. Although the Court has taken cognizance of that aspect and rejected the same taking shelter of section 473 of CrPC and has found that the delay ..., and the delay can be condoned as per the provision of section 473 of CrPC or not?
7. I have considered the submissions made by counsel for petitioner and also the...shown by the prosecution for condoning the delay, but that power is given to the Court under Section 473 of the CrPC. For the purpose of convenience, Section 468 of CrPC is apt to be reproduced an...
...date, the final report has not been filed. Of-course, even after the expiry of the limitation period, the final report can be filed. But then, under Section 473 of CrPC, the delay has to be condoned. The...Court concerned will condone the delay, if sufficient cause is made out. But then, in this case, no sufficient cause is forthcoming. Hence, invoking Section 468 of CrPC, while the FIR is not quashed...Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor of the respondents. 2.The petitioner is figuring as an accused in Crime No.160 of 2020...
...imprisonment beyond two years. Though more than two years have elapsed, till date, the final report has not been filed. Of course, under Section 473 of CrPC, even after the expiry of the limitation period,...and the petitioners were engaged in dialogue. However, the issue could not be resolved. The petitioners had assembled in front of the office of the Assistant Director of Fisheries. They were directed...to disperse. Since they did not do so and continued to remain there, the impugned FIRs were registered. Crime No.705 of 2018 was registered on 18.10.2018 for the offences under Sections 147, 294(b...
...should not have overlooked the provisions of Section 473 CrPC. He argued that no provision in the CrPC provides that after taking cognizance, the learned Magistrate could not have discharged the appellants and that...in setting aside the order of the learned Magistrate who did not take note of Section 473 CrPC and directing him to proceed with the case.6. On these above submissions, two questions ari...)(c) CrPC.14. It may be noted here that Section 473 CrPC which extends the period of limitation is in two parts. The first part contains a non obstante clause and gives...
...Disfigurement) Act,
1959.
3.The said offences is punishable with imprisonment for return upto three months. Therefore, under Section 468 of CrPC, the final report should have been filed with...
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2021
CORAM :
THE...HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Kavitha Kathiresan ... Petitioner Vs.
1.The State represented by The Inspector of Police, Devipattinam Police Station...
...FILED UNDER SECTION 473 OF CRPC DATED 9.7.2016
IN C.R.NO.286/2014 ON THE FILE IN THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC AT MALUR IS AT ANNEXURE-E IN SO FAR AS THE...
ADDITIONAL CIVIL JUDGE AND JMFC AT MALUR, AT ANNEXURE-A AND
APPLICATION FILED UNDER SECTION 473 OF CRPC DATED 9.7.2016
IN C.R.NO.286/2014 ON THE FILE...FILED BY THE RESPONDENT POLICE ON THE FILE II ADDITIONAL CIVIL JUDGE AND JMFC AT MALUR, AT ANNEXURE-A AND
APPLICATION FILED UNDER SECTION 473 OF CRPC DATED 9.7.2016...
...is any sufficient reason shown by the prosecution for condoning the delay, but that power is given to the Court under Section 473 of the CrPC. For the purpose of convenience, Section 468 of CrPC i..., it is clear that the delay can be condoned by the Court exercising the power provided under Section 473 of CrPC, but it cannot be done in a routine manner unless any sufficient reason is explained to...of State of H.P. Vs. Tara Dutt & Another reported in (2000) 1 SCC 230, considering the scope of applying Section 473 of CrPC, has...
...Section 473 CrPC in this judgment. This judgment merely focuses on the meaning of the term “taking cognizance” and has accordingly interpreted Section 9 without reference to any provisions of the....5.2 Section 468 CrPC has to be read keeping in view other provisions particularly Section 473 CrPC. A person filing a complaint within time cannot be penalised because the Magistrate did not tak...complaint can be condoned in terms of Section 473 CrPC then, Section 468 CrPC cannot be interpreted to mean that a complaint or prosecution instituted within time cannot be proceeded with, merely because the Magist...
...Section 77 of the FSSA. By virtue of Section 468 of CrPC, the limitation for taking cognizance of the offence punishable under Sections 272 and 273 is one year. There is a power to extend time under Sectio...short, 'CrPC') seeking quashing of the prosecution for the offences punishable under Sections 272 and 273 of the IPC. On 11thMay 2010, the State of Uttar Pradesh issued an order granting power...3rdAugust 2010 of the Allahabad High Court by which a petition under Section 482 of CrPC filed by the appellant for quashing the FIR alleging commission of
4...
...invariably be oppressed, having been subjected to cruelty by the husband and the in-laws. It is, therefore, appropriate for the courts, in case of delayed complaints, to construe liberally Section 473 CrPC in favour ...note of Section 473 CrPC in the light of the observations made in the judgment. In the instant case, however, the same course need not be adopted. That was a case in which the complaint alleging...considering the facts apparent from the record as discussed supra, we feel that it is a fit case where the benefit of Section 473 CrPC should be extended to the informant lady and there is no need to prolong the controversy...
...limitation under Section 468 CrPC. A learned Judge of the High Court, who entertained the petition, ultimately dismissed the same being of the view that under Section 473 CrPC cognizance could be taken bey...the police could not have registered a case for such an offence under Section 154 CrPC. Of course, the police is entitled to investigate into a non-cognizable offence pursuant to an order of a...submit a report on which the question of taking cognizance could have arisen. While on this point, it may be mentioned that in view of the Explanation to Section 2(d) CrPC, which defines ‘complaint...
....29. Coming to the point of delay, inter alia the contention of SEBI is that the Court should have considered Section 473 of CrPC to condone delay having considered the fac...circumstances in proper perspective. At this juncture, it is relevant to quote Section 473 of CrPC which reads as under:“473. Extension of period of limitation in cer...delay in terms of Section 473 of CrPC. The approach of the High Court of adjourning adjudication of the interim application seeking disclosure of documents cannot be appreciated....
...beyond the three years limitation provided under Section 468 of CrPC. If the Court wants to take cognizance after a period of limitation, a procedure is contemplated in Section 473 of CrPC where a...incident, failing which there is a bar under Section 468(2)(c) of CrPC. It was submitted that the Court below had taken cognizance of the complaint, which was filed only on 22.01.2022. Hence, the...interference of this Court exercising its jurisdiction under Section 482 of CrPC.
10. In the result, this Criminal Original Petition is allowed and...
..., no cognizance could have been taken in view of Section 468 CrPC. The High Court has considered this aspect and after referring to Section 473 CrPC held that in the facts and circumstances of the case...judgment was delivered. It may be noted Section 473 CrPC does not in any clear terms lay down that the application should be filed at the time of filing a challan itself. The words “so to do in the...OrderThe appellant has been convicted under Section 9 of the Opium Act and sentenced to three years' RI and to pay a fine of Rs 5000, in default to undergo six months' RI...
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offence. Even otherwise, in the light of provisions of Section 472 and 473 of CrPC, the Court can take cognizance even a...
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IN THE HIGH COURT OF MADHYA PRADESH
A T G W A L I O R...
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA ON THE 27th OF NOVEMBER, 2024 MISC. CRIMINAL CASE No. 36885 of 2022...
...of limitation by condoning the delay as per provision of section 473 of crpc, but this power is required to be exercised by specifically indicating the reason for which it is necessary to do so in the...power to condone the delay under Section 473 CrPC can be exercised only when the Court is satisfied on the facts and circumstances of the case that the delay has been properly explained or that it is...necessary to do so in the interest of justice.
9. Section 473 CrPC, no doubt, has given ample power to the Courts to take cognizance even after the drift of statutory period...
...offence under Section 498-A i.e subjecting a woman to cruelty by her husband or the relative of her husband, should judge that question, in the light of Section 473 of the Code, which requires the Court, not only t...Court again considered the applicability of Section 473 CrPC in cases relating to matrimonial offences and observed:“14. … The first limb confers power on every competent court to take cogn...the husband and the in-laws. It is, therefore, appropriate for the courts, in case of delayed complaints, to construe liberally Section 473 CrPC in favour of a wife who is subjected to cruelty if on the...
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Application under Section 473 CrPC for condonation of delay, essentially on the ground that many Investigating Officers were changed during the investigation...Application under Section 473 of CrPC and condoned the delay of about 7½ years and summoned the named accused persons under Section 139 of the Electricity Act and Section 336 of IPC vide se...Order dated 09.02.2021.
16. The main grievance of the Petitioner in challenging the Ordercondoning the delay is that the Application under Section 473 of CrPC was...
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Application under Section 473 CrPC for condonation of delay, essentially on the ground that many Investigating Officers were changed during the investigation...Application under Section 473 of CrPC and condoned the delay of about 7½ years and summoned the named accused persons under Section 139 of the Electricity Act and Section 336 of IPC vide se...Order dated 09.02.2021.
16. The main grievance of the Petitioner in challenging the Ordercondoning the delay is that the Application under Section 473 of CrPC was...
...473 of CrPC, hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.
7. Having heard the submissions made at the bar and...of the CrPC, learned trial court ought not have taken cognizance after expiry of limitation period of three years but learned Magistrate, has taken cognizance beyond the period of three years. It is...exercised his power under section 473 of Cr.P.C in extending the period of limitation, it ought to have done so after issuing notice to the petitioner and the co-accused persons of this case for the cogent...