Based on Arun Vyas judgment from Apex Court, High Court of Orissa held as,
From Para 8,
There is no dispute over the proposition that offence under Section 498-A of the I.P.C. is a continuing offence. The victim would have a new starting point of limitation on each occasion on which she was subjected to cruelty. Period of limitation has, therefore, to be computed from the last act of cruelty committed against the victim. In this context, decision in Arun Vyas and another v. Anita Vyas (supra) may be referred to. Section 498-A of the I.P.C. provides that a person for commission of offence thereunder shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Section 406 of the I.P.C. provides that whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Therefore, period of limitation for taking cognizance of commission of offences under Sections 498-A as well as 406 of the I.P.C. is three years as provided under Section 468 (2)(c) of the Cr.P.C.
From Para 11,
In Arun Vyas and another v. Anita Vyas (supra) also it was held that offence under Section 498-A of the I.P.C. is a continuing offence and that there would be a new starting point of limitation on each occasion on which the victim was subjected to cruelty. It was specifically held that the last act of cruelty was committed when the victim was forced to leave matrimonial home.
From Para 12,
Thus, in view of nature of offence under Section 498-A of the I.P.C., it has been consistently highlighted that court should adopt liberal approach in favour of extending of period of limitation under Section 473 of the Cr.P.C. However, it is now well-settled that while taking cognizance after expiry of period of limitation, the Magistrate has to pass a speaking order assigning reasons for exercise of the discretion under Section 473 of the Cr.P.C.
Rajani Kanta Padhi vs State Of Orissa And Others on 02 July 2010
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