Section 182 IPC Section 468 CRPC Quashing of kalandra and proceedings Limitation Period for cognizance Limitation period of one year would start from the date when the cancellation report was prepared by the investigating agency Mere pendency of FIRs /Punjab HC/Queshed
Tekchand Sharma vs State of Punjab
CRMM 6089/20 10/07/23 [ Harsimran Singh Sethi Justice ]
[ PUNJAB HARYANA HIGH COURT ]
Section 182 IPC Section 468 CRPC Quashing of kalandra and proceedings Limitation Period for cognizance Limitation period of one year would start from the date when the cancellation report was prepared by the investigating agency Mere pendency of FIRs on the date of the registration of impugned DD will not extend the limitation period DD was registered after expiry of limitation period one year of preparation of cancellation period Thus, all the proceedings arising from said DD were not maintainable, hence quashed.
Relevant Paras:
4. The petitioner argues that keeping in view the limitation period provided under Section 468 Cr.P.C. as the maximum punishment provided under Section 182 IPC is 6 months imprisonment, the DD No.15, dated 25.01.2020 could have only been got registered within a period of one year of the cancellation report, whereas the same was registered much after the expiry of the limitation provided under Section 468 of the Cr.P.C. hence, the same is liable to be quashed being not maintainable.
5. Learned counsel for the respondent on the other hand submits that though the cancellation report was submitted on the dates mentioned by the petitioner as recorded hereinbefore but as the FIRs were pending, the registration of the DD No.15 dated 25.01.2020, is to be treated within the limitation as provided under Section 468 of Cr.P.C.
6. I have heard learned counsel for the parties and have gone through the record with their able assistance.
7. It is a conceded position that in the present petition, the challenge is to the DD No.15 dated 25.01.2020. It is also a conceded position that the maximum punishment provided, in case the allegations are proved under Section 182 IPC, is 6 months imprisonment. Section 468 of the Cr.P.C. provides limitation for taking cognizance of the offence. Section 468 Cr.P.C., is reproduced herein for the ready reference:-
468. 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.
(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 term exceeding one year but not exceeding three years.
(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
8.As per Section 468 (2) Cr.P.C., where the offence is punishable with imprisonment for a term not exceeding one year, the limitation period is one year, hence, in the present case the limitation period would start from the date when the cancellation report was prepared by the investigating agency.
9. In the facts and circumstances of the case, it is clear that it was only uptill 28.09.2019 that the action could have been initiated by the investigating agency under Section 182 of the IPC, whereas the present DD No.15 dated 25.01.2020, was registered after the expiry of the limitation period as provided under Section 468(2) of Cr.P.C.
10. Learned counsel for the respondent has not been able to point out, as to how mere the pendency of the FIRs on the date of the registration of the impugned DD, will extend the limitation especially the allegation alleged in the DD were based upon the cancellation report submitted on 17.09.2018 in respect of FIR No.190 dated 01.08.2016 and cancellation report dated 28.09.2018 in respect of FIR No.130, dated 07.08.2014, registered at Police Station Hasanpur, District Palwal.
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