9911796707
TMI Blog2014 (11) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... on 27.04.2005. This period has to be necessarily excluded while computing the period of limitation. But after 27.04.2005, the complaint was not filed within six months, the reason stated is that some time was taken to complete the investigation and to get permission from the Central Government. The consent or sanction as has been referred to in sub-clause 3 of Section 470 of Cr.P.C. relates to consent or sanction which is obtained under the Statute itself. Here in this case, to prosecute a person for offence punishable under Section 629(A) of the Companies Act, neither any consent nor any sanction from the Central Government is required. It may be true that on the administrative side permission is obtained from the Central Government to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in the petition, the learned counsel appearing for the petitioners would focus his arguments on the ground that the prosecution in the instant case is barred by limitation under Section 468 of the Code of Criminal Procedure. The learned counsel pointed out that the maximum punishment provided under Section 629(A) of the Companies Act is only fine for which as per Section 468 of the Cr.P.C. the limitation period is only six months from the date of commencement of the offence. 4. In the instant case, though the occurrence has taken place during the years 2000, 2001 and 2002, the same came to light on 27.02.2002 itself, but, the private complaint was filed only in the year 2006 and thus according to the learned counsel for the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated is that some time was taken to complete the investigation and to get permission from the Central Government. 8. The learned counsel appearing for the respondent would submit that this period has to be excluded while computing the period of limitation as per Section 470(3) of the Code of Criminal Procedure. For better understanding, let us look into the said provision, which reads as follows: Section 470(3): Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, than, in computing the period of limitation, the period of such notice o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
