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Application to Metropolitan judge under Cr Proc 156(3)


03-May-2024 (In Criminal Law)
Can a Complainant make a Cr Proc 156(3) application to metropolitan judge 15 years after filing a Summons/Warrant complaint u/s IPC 323, 452 R/W 114? Is there a statute of limitation that applies?
Answers (2)

Answer #1
664 votes
Im assuming that you have made complaint before magistrate 15 years ago. It is unclear for what reason you want to file 156(3) application now. What is the stage of your case which was filed 15 yrs ago? 156(3) is filed when either the police is not registering an FIR; or the police is not doing proper investigation after lodging FIR. You may contact me for detailed discussion on your case.
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Answer #2
601 votes
Well, Sec 468 of the CRPC, 1973 talks about the Limitation Period to file Criminal Cases in India. It states : Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation. (2)  The period of limitation shall be- (a)  six months, if the offence is punishable with fine only (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c)  three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years. (3)  For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
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