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TMI Blog1990 (7) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the petitioners has urged that the complaint was barred by limitation having been presented beyond one years of commission of the offence and secondly, earlier the complaint was stayed till proper sanction was to be obtained and no consent of the Magistrate had been obtained under Section 300(5) of the Code for presenting a fresh complaint and thus, the said complaint was not maintainable. Lastly, it has been urged that the Magistrate had not given any sound reasons for condoning the delay made in filing the said complaint. (3) SMT.NIRMLESH Bhardwaj had made a complaint to the police in which she made allegation that she was married to Anil Bhardwaj on January 30, 1979 and two hours to the marriage ceremony Anil's father ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 155(2) of the Code from the Magistrate for investigating the case and after obtaining the necessary sanction the complaint was again filed for prosecution of the accused under Section 4 of the Dowry prohibition Act. The application was moved under Section 470 of the Code by the prosecution seeking condensation of delay in which it was mentioned that the original complaint was filed well in time but the accused came to be discharged on September 1, 1981, on account of technical defect in the sanction and later on after an application had been moved on December 19, 1981 the necessary sanction was obtained and the complaint was filed and thus, the delay, if any, in filing the complaint may be condoned, (5) The first thing to be see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of the Code of Criminal Procedure and it did not warrant the inference that the whole of the Code of Criminal Procedure is inapplicable. It is obvious that notwithstanding anything contained in the Code of Criminal Procedure with regard to the period of limitation, the limitation so prescribed in Section 7 would govern the cases under the Dowry Prohibition Act but it does not mean that the provisions of Section 4 which make the Code of Criminal Procedure applicable to offences under the special Acts as well with regard to the matters not dealt with in the special law would not be invoked, learned counsel for the petitioners drew my attention to Section 467 of the Code which gives the definition by laying down that for the purpose of Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich they were discharged by virtue of Section 258 of the Code earlier for want of proper sanction. So, I negative this plea of the petitioners as well. (7) Now coming to the last point urged before me that the Magistrate was not right in condoning the delay. I find that no Explanation had been given in the application given by the police seeking condensation of delay for the period September 1, 1981 to December 19, 1981. After the petitioners stood discharged vide order dated September 1, 1981, for want of proper sanction, the police as well as the complainant remained inactive for a period of more than three months. No Explanation has been given in the application seeking condensation of delay in respect of this period. The learned Magi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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