Case Note & Summary
The applicant, Khalid Akhtar Abdul Latif Ahemi, filed a criminal application under Section 482 CrPC seeking to quash Regular Criminal Case No.325/2007 pending before the J.M.F.C., Court No.3, Malegaon, and the order taking cognizance. The applicant was arrested on 30.11.2001 in Crime No.3053 of 2001 under Section 10 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) for allegedly addressing gatherings of the Muslim community to instigate members of the banned Students Islamic Movement of India (SIMI). The Government of Maharashtra accorded sanction for prosecution on 25.10.2002, but the charge-sheet was filed only on 24.4.2007. The applicant contended that the offence under Section 10 UAPA is punishable with imprisonment up to two years, and under Section 468(2)(c) CrPC, the period of limitation is three years. Since the charge-sheet was filed beyond three years from the date of the offence (30.11.2001), the court could not take cognizance. The applicant had filed an application (Ex.7) before the trial court for dismissal on the ground of limitation, which was rejected on 3.10.2008. The applicant then approached the High Court under Section 482 CrPC. The State conceded that no reasons for delay were given in the charge-sheet and no separate application for condonation of delay under Section 473 CrPC was filed. The High Court held that the period of limitation commenced on the date of the offence (30.11.2001) and expired on 30.11.2004. The charge-sheet filed on 24.4.2007 was clearly beyond the three-year limitation period. Since no application for extension of limitation or condonation of delay was made, the court could not take cognizance. The High Court quashed the criminal case and set aside the order taking cognizance.
Headnote
A) Criminal Procedure Code - Limitation for Taking Cognizance - Section 468, 469, 473 CrPC - Offence under Section 10 of Unlawful Activities (Prevention) Act, 1967 punishable with imprisonment up to two years - Period of limitation is three years under Section 468(2)(c) CrPC - Charge-sheet filed on 24.4.2007 for offence committed on 30.11.2001, beyond three years - No reasons for delay given in charge-sheet nor any application for condonation under Section 473 CrPC - Held that cognizance was barred by limitation and proceedings are liable to be quashed (Paras 5-7).
Issue of Consideration
Whether the court could take cognizance of an offence under Section 10 of the Unlawful Activities (Prevention) Act, 1967 when the charge-sheet was filed beyond the period of limitation prescribed under Section 468 CrPC without any application for condonation of delay under Section 473 CrPC.
Final Decision
The High Court allowed the application, quashed Regular Criminal Case No.325/2007 pending before J.M.F.C., Court No.3, Malegaon, and set aside the order taking cognizance. Rule made absolute.
Law Points
- Limitation for taking cognizance
- Section 468 CrPC
- Section 469 CrPC
- Section 473 CrPC
- Section 10 Unlawful Activities (Prevention) Act 1967
- Bar of limitation
- Condonation of delay
Case Details
2010 LawText (BOM) (06) 68
Criminal Application No. 1665 of 2009
Shri Yakub Shaikh, i/b. Amin Solkar, for the applicant; Ms. A.T. Javeri, APP, for the respondent-State
Khalid Akhtar Abdul Latif Ahemi
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Nature of Litigation
Criminal application under Section 482 CrPC seeking quashing of criminal case and order taking cognizance on ground of limitation.
Remedy Sought
Applicant sought quashing of Regular Criminal Case No.325/2007 pending before J.M.F.C., Court No.3, Malegaon, and setting aside of order taking cognizance.
Filing Reason
Charge-sheet was filed beyond the period of limitation prescribed under Section 468 CrPC without any application for condonation of delay.
Previous Decisions
The trial court rejected the applicant's application (Ex.7) for dismissal of the case on ground of limitation on 3.10.2008.
Issues
Whether the court could take cognizance of an offence under Section 10 of the Unlawful Activities (Prevention) Act, 1967 when the charge-sheet was filed beyond the period of limitation prescribed under Section 468 CrPC without any application for condonation of delay under Section 473 CrPC.
Submissions/Arguments
Applicant argued that the offence under Section 10 UAPA is punishable with imprisonment up to two years, and under Section 468(2)(c) CrPC, the period of limitation is three years. The charge-sheet was filed on 24.4.2007, more than five years after the offence on 30.11.2001, and no application for condonation of delay was filed.
State conceded that no reasons for delay were given in the charge-sheet and no separate application for extension of limitation was filed.
Ratio Decidendi
The period of limitation for taking cognizance of an offence punishable with imprisonment up to two years is three years under Section 468(2)(c) CrPC. The period commences from the date of the offence under Section 469(1)(a) CrPC. If the charge-sheet is filed beyond the limitation period without any application for condonation of delay under Section 473 CrPC, the court cannot take cognizance, and the proceedings are liable to be quashed.
Judgment Excerpts
Section 468(1) Cr.P.C. provides that except as otherwise provided elsewhere in the Code, no Court shall take cognizance of an offence after the expiry of the period of limitation.
As the offence under Section 10 of the Act is punishable with imprisonment upto two years, the period of limitation would be three years.
In the present case, the offence was allegedly committed on 30.11.2001 and on the same day, the offence was registered and the applicant was arrested. The charge-sheet was filed on 24.4.2007, which is clearly beyond the period of three years.
Procedural History
Offence registered on 30.11.2001; sanction for prosecution granted on 25.10.2002; charge-sheet filed on 24.4.2007; applicant filed application Ex.7 before J.M.F.C. for dismissal on ground of limitation, rejected on 3.10.2008; applicant filed Criminal Application No.1665 of 2009 under Section 482 CrPC before Bombay High Court; judgment delivered on 30.6.2010.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 468, 469, 473, 482
- Unlawful Activities (Prevention) Act, 1967: 10
