can we submit Criminal proceedings barred by limitation in MM /JMFC

621 votes

To address this issue, you can submit an application under Section 468 of the CrPC, which deals with the bar to taking cognizance of offences after the lapse of the period of limitation. As per Section 468(2)(c), if the offence in question is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is three years. In your case, the alleged incident is four years old, and if the chargesheet was filed after three years in a 498A matter, the trial court (MM court) cannot take cognizance of the offence due to the limitation under Section 468. You may also consider filing an application before the same MM court, bringing up this issue. As for submitting an application under Section 25(2) of the CrPC, this is typically related to the revision of orders by Sessions Courts. Hence, you can approach the Sessions Court with a revision petition to challenge the summons order, but only after exhausting remedies before the MM court.

Advocate Qausar Khan LawRato

641 votes

Once MM has taken a cognizance of any offence and issued summons thereafter, the MM cannot recall its own order as per law. Thereafter, you have two options first you can approach sessions court against the issuance of summons or you may directly approach the concerned High Court for quashing of proceedings

Advocate Abhimanyu Goel LawRato