Court Barred U/S 468(2)(c) CrPC from Taking Cognizance If Charge Sheet for Offence With 3 Yrs. Punishment Not Filed In 3 Yrs. Of Incident: Karnataka HC

[14 July 2022] The Karnataka High Court has said that Section 468(2)(c) of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident.
It was submitted by the petitioner’s counsel that the offences alleged against the petitioner accused are punishable with imprisonment for three years and with fine and the final report has not been filed by the police even after lapse of more than five years from the date of alleged incident. The cognizance cannot be taken by the Magistrate after three years from the date of offences as specified under Section 468(2)(c) of the CrPC.
Court findings:
The bench said, “Section 468(2)(c) of Cr.P.C specifies that no Court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident.”
Further it observed, “The alleged incident has taken place in the year 2014 and the FIR was lodged on 07.06.2017 without offering any plausible explanation. Hence, it is implied that the FIR lodged was with ulterior motive to wreak vengeance the petitioner-accused and with revengeful intent.”