Sivankutty vs P.K Patra - S.468 CrPC - Starting Point Of Limitation

Code of Criminal Procedure 1973 - Section 468 - In the absence of any indication provided by Section 468, Cr. PC as to the starting point of limitation, the periods of six months, one year and three years [as in sub-section 2 (a), (b) and (c) respectively] would necessarily have to relate back to the date of offence and not to the date when the complaint is lodged. If indeed, a complaint is lodged by a complainant within the period of limitation but cognizance is taken beyond such period, due to official process and/or for reasons not attributable to the respondent, the bar to take cognizance would not be attracted. This is because an act of court cannot prejudice anyone- In a fit and proper case, the court is not powerless to take cognisance beyond the period of limitation prescribed in Section 468, Cr. PC if any of the twin conditions mentioned in Section 473 thereof is satisfied. (Para 8) Question of offences being ‘tried together’, as is referred to in sub-section (3), would arise if cognisance were taken of more than one offence. (Para 7)