Legal Provisions Involved: Sections 468 and 469 of CrPC, Section 528 BNSS; Sections 379 and 411 IPC.

Judgment By: Allahabad High Court

Judge/Bench: Justice Praveen Kumar Giri

Facts

A theft case was filed, but the charge-sheet reached the court more than three years after the incident. Even though the law sets a time limit, the Chief Judicial Magistrate still took cognisance of the case. The accused challenged this action.

Key Legal Provisions

Sections 468 and 469 of CrPC, Section 528 BNSS; Sections 379 and 411 IPC.

Issues Raised

Whether a court can take cognisance when the legal time limit has already expired?

Arguments of the case

The applicant said Supreme Court judgments clearly state that taking cognisance after limitation is illegal. The Magistrate explained that it is common practice to take a basic view of the file without deep checking at that stage.

Judgment

The High Court said the law is clear and must be followed. Court practice cannot override legal rules. It cancelled the case against the applicant, warned the Magistrate to be more careful, and asked for proper training of judicial officers. Cases against other accused filed within time will continue.

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