9911796707
TMI Blog1979 (5) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... is the father of Anil Puri. (3) It is alleged that during March, 1971 to March, 1972 the respondents entered into a criminal conspiracy to do illegal acts and so floated a firm under the name and style of M/s. International Book Traders for carrying on business of selling and purchasing books. Respondents 1 and 2 being Government servants were not entitled to carry on business as they were public servants. However, they joined respondent No. 3 in running the firm and did various acts to sell books. (4) On November 30, 1972 case No. R. C. 66 of 1972 was registered with Delhi branch of Central Bureau of Investigation. On December 17, 1973 case No. R. C. 5 of 1973, the present case, was registered by the Central Bureau of Investigation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing terms: 468.(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. (2)The period of limitation shall be (A)six months, if the offence is punishable, with fine only; (B)one year, if the offence is punishable with imprisonment for a term not exceeding one year; (C)three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. At this stage provisions of section 473 of the Code empowering the Court to extend the period of limitation may also be noticed. The section reads thus: 473.Notwithstanding anything contained in the for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will have no peace of mind if there is no period of limitation even for petty offences'; (ii) 'the deterrent effect of punishment is impaired if prosecution is not launched and punishment is not inflacted before the offence has been wiped off the memory of persons concerned'. (9) Once a limitation is barred in favor of a person he acquires a valuable-right. This right cannot be taken away except under the law. It is, therefore, necessary that before this right is taken away he gets an opportunity of being heard. We cannot, therefore, agree with Mr. Mehta that once the court has taken cognizance of an offence after the expiry of the period of limitation, the accused loses his right to raise this objection despite the fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the limitation has run in favor of the accused, and when this happens the accused has a right to raise the plea of limitation to convince the Court that limitation bars the cognizance. It is the duty of the Court at that stage to decide this question. (10) In the instant case a stereotyped order was passed on December 15, 1975 which reads thus : CHALLANpresented to day by Sh. Lobender Singh P. P. for the C. B. I. BEregistered. ACCUSEDperson be summoned for 20/1/76. APPARENTLYthe question of limitations was present in the mind of the Magistrate. In these circumstances the State cannot be allowed to urge that the trial court should be deemed to have condoned the delay in terms of section 473 by holding that it was necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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