Limitation --Taking of Cognizance--Period Under Section 468 CrPC Commences From Date of Filing Complaint or Lodging of FIR, Not From Date of Cognizance
For computing limitation under Section 468 of the CrPC, the relevant date is the date of filing of the complaint or lodging of the FIR, and not the date on which the Magistrate takes cognizance. Taking cognizance is an act of the Magistrate beyond the control of the complainant, and delay therein cannot operate to extinguish the right of a diligent complainant. This principle applies equally to cases instituted by complaint before a Magistrate and cases initiated by FIR before the police.
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