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Latest news January 02, 2020 66

CRIMINAL LAW



High Court did enjoy inherent power under Section 482 CrPC, to entertain petitions in cases where Section 397(3) CrPC laid a statutory bar on a second revision petition.



Section 468 Code of Criminal Procedure, 1973- The date of the complaint and not the date on which the cognizance was taken was the relevant date for the purpose of computing the period of limitation.



Surender Kumar Jain v. State



Citation: Decided on: Coram:



2012 V AD (Delhi) 267 30th January 2012 M.L.Mehta, J.



Facts: The petition was preferred assailing the order of the Additional Sessions Judge (ASJ) upholding the decision of the Metropolitan Magistrate (MM) whereby charges under Section 406 Indian Penal Code, 1860 (IPC) were framed against the Petitioner on the basis of the complaint filed by the Complainant under Sections 406/420 IPC alleging that a file of the Complainant containing sales tax forms had been misappropriated by the Petitioner. The Petitioner challenged the said framing of charges on the ground that the cognizance taken by the MM was beyond the period of limitation as the alleged offence took place in the year 1996 whereas the cognizance of the offence by the Court was taken in the year 2002 and therefore, the statutory limitation period being 3 years, the cognizance was bad in law. The petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) was filed assailing the order of the ASJ that rejected the Petitioner’s revision petition and upheld the order of the Trial Court.



Issue: (1) Whether a petition under Section 482 CrPC against the order of the ASJ was maintainable as it may amount to a second revision which was barred under Section 397(3) CrPC.



(2) Whether the relevant date for calculating the period of limitation under Section 468 CrPC, was the date of the complaint or the date on which the cognizance came to be taken by the Magistrate.



Held: The power of the High Court and that of the Court of Sessions, so far as a revision was concerned, were concurrent. The intention of the Legislature under Section 397(3) CrPC was definite, unambiguous and clear as it curtailed the chance of an unsuccessful revisionist in the Court of Sessions to be entertained for the second time by the High Court. Even though, the High Court did enjoy inherent power under Section 482 CrPC, to entertain petitions in cases where Section 397(3) CrPC laid a statutory bar on a second revision petition, the power was to be exercised sparingly and with great caution, particularly, when the person approaching the High



Page 26 of 103



Court had already availed remedy of first revision in the Sessions Court. However, the case did not fall within the parameters of invoking inherent and extraordinary jurisdiction under Section 482 CrPC or under Article 227 of the Constitution of India.



Further, in an offence of criminal breach of trust, the offence commenced on the date the person was entrusted with the property, refused to return the property or misappropriated the property with which he was entrusted. Thus, for the purpose of computing the period of limitation, it was the date of the complaint which was material and not the date on which the cognizance came to be taken by the Magistrate or the process was issued against the Petitioner as the time utilized during investigation, examination of witnesses, taking cognizance and summoning the Accused, was beyond the control of the Complainant. Thus, the relevant date from which the period of limitation would be said to have commenced would be the day when the Petitioner refused to return the sales tax file to the Complainant and not the date when the file was entrusted to the Petitioner by the Complainant. Also, the cognizance of the offence was not time barred under Section 468 CrPC as the complaint was filed within the period of limitation i.e., 3 years.



Since it was at the stage of framing of charges and that both the Courts above had correctly appreciated the allegations against the Petitioner and formed a prima facie view of the framing of charges under section 406 IPC and because the case did not call for interference under Section 482 CrPC or Article 227 of the Constitution either, the petition was dismissed.

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