Application No. 12037 of 2017. Case: Dheeraj Yadav and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 12037 of 2017
CounselFor Appellant: Ali Hasan and Istiyaq Ali, Advs.
JudgesSurya Prakash Kesarwani, J.
IssueCriminal Procedure Code - Section 468
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)


Surya Prakash Kesarwani, J.

Heard learned counsel for the applicants and the learned A.G.A. for the State.

Learned counsel for the applicants submits that the charge sheet was submitted on 28.12.2013 and the cognizance was taken on 16.12.2015 and therefore, the trial was barred by provisions of Section 468 Cr.P.C. and it cannot be proceeded.

Submission of learned counsel for the applicants is wholly misconceived.

Briefly stated facts of the present case are that an FIR was lodged on 15.07.2013 with respect to the incident dated 14.07.2013. On submission of the report by the police, the said case was treated as complaint case and the cognizance has been taken by the court below on 16.12.2015. In the case of Sarah Mathew Vs. Institute of Cardio Vascular Diseases (2014) 2 SCC 62 a Constitution Bench has authoritatively settled the law on the issue as under:

As we have already noted in reaching this conclusion, light can be drawn from legal maxims. Legal maxims are referred to in Bharat Kale, Japani Sahoo and Vanka Radhamanohari. The object of the criminal law is to punish perpetrators of crime. This is in tune with the well known legal maxim?nullum tempus aut locus occurrit regi?, which means that a crime never dies. At the same time, it is also the policy of law to assist the vigilant and not the sleepy. This is expressed in the Latin maxim?vigilantibus etnon dormientibus, jura subveniunt?. Chapter XXXVI of the Cr.P.C. which provides...

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