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Exercising a right that is ostensibly limited by limitation is tantamount to abusing the legal system : SC

07 May 2024 8:19 AM

By: Admin


Code of Criminal Procedure, 1973 – Section 468 and 469 – Limitation – When it is clear from the language of Section 469, Cr.PC that the period of limitation shall commence on the date of offence, there is no reason to seek computation of limitation only from the date of receipt of report of the Testing Laboratory – Merely because a further request is made for sending the sample to the Testing Laboratory cannot be the basis for commencement of limitation – the complaint filed is barred by limitation and allowing the proceedings to go on, on such complaint, which is ex facie barred by limitation is nothing but amounts to abuse of process of law. 

 August 4, 2021 

M/s. Cheminova India Ltd. Anr.  Vs   State of Punjab.Anr.

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