High Court Cancels FIR and Subsequent Proceedings Due to Lapsed Limitation Period
In a recent judgment, the Punjab and Haryana High Court has quashed an FIR and all subsequent proceedings arising therefrom under Section 482 Cr.P.C. The Court observed that the cognizance could not have been taken as the limitation period had expired under Sections 468 and 469 Cr.P.C.
The case, Rakesh Kumar & Another vs State of Haryana, concerned the quashing of FIR No.0617 dated 28.09.2016 registered under Sections 6, 7A and 12 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 at Police Station Samalkha, District Panipat, the report under Section 173 Cr.P.C. dated 26.04.2019 under the same provisions and all subsequent proceedings arising therefrom.
The Court noted that the complainant department had knowledge of the alleged commission of the offence on 09.07.2012, but the FIR was registered only on 28.09.2016. Additionally, the report under Section 173 Cr.P.C. was presented on 26.09.2019, and the sanction was granted on 07.06.2019. The Court emphasized that a reading of Sections 468 and 469 Cr.P.C. shows that the Court could have taken cognizance only within a period of 03 years from the date of knowledge of the offence. In the present case, almost 07 years had elapsed between the date of knowledge of the commission of the offence and the date when the sanction was granted, making the proceedings time-barred.
Thus, the Court allowed the petition and quashed the FIR and subsequent proceedings. The judgment serves as a reminder of the importance of complying with the limitation period for taking cognizance of offences.
Decided on: 25.04.2023
Rakesh Kumar & Another VS State of Haryana
