web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: CrPC 473 – Extension of period of limitation in certain cases

Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr on 29 Jan 2025

Posted on March 2 by ShadesOfKnife

A division bench of Bombay High Court at Aurangabab held that

From Para 6,

6. Apart from this, the learned A.P.P. has also placed reliance on judgment of Hon’ble Supreme Court in the matter of Rupali Devi Vs. State of Uttar pradesh reported in AIR OnLine (2019) SC 394.

From Paras 9 and 10,

9. As regards Section 472 of the Cr. P. C, contention of the learned A.P.P. that offence under Section 498-A of the IPC is a continuing wrong will have to be accepted, but only with a rider. Although the offence under Section 498-A of the IPC is a continuing wrong, it would not mean that limitation would continue to run perennially.The correct interpretation of the provision is provided in the matter of Arun Vyas and another Vs. Anita Vyas (supra) which sates that in case of offence under Section 498-A, a new starting point of limitation is start on every occasion when the wrong is committed and the period of limitation needs to be computed from the last such wrong. We may profitably quote paragraph 13 of the said decision, which reads as under :-
“ The essence of the offence in Section 498-A is cruelty as defined in the explanation appended to that section. It is a continuing offence and on each occasion on which the respondent was subjected to cruelty, she would have a new starting point of limitation. The last act of cruelty was committed against the respondent, within the meaning of the explanation, on October 13, 1988 when, on the allegation made by the respondent in the complaint to Additional Chief Judicial Magistrate, she was forced to leave the matrimonial home. Having regard to the provisions of Sections 469 and 472 the period of limitation commenced for offences under Sections 406 and 498-A from October 13, 1988 and ended on October 12, 1991. But the charge sheet was filed on December 22, 1995,therefore, it was clearly barred by limitation under Section 468(2)(c) Cr. P. C.’’
10. Thereafter, the Hon’ble Supreme Court has further stated in paragraph No. 14 that in complaints under Section 498-A the wife will invariably be oppressed, who is subjected to cruelty and, therefore, Section 473 of the Cr. P.C should be construed liberally in favour of wife. However, the Hon’ble Supreme Court has also cautioned that the words interest of justice employed in Section 473 of the Cr. P. C. cannot mean in the interest of prosecution and the true object of the provision is to advance the cause of justice by protecting the oppressed and punishing the offender. The Hon’ble Supreme Court has also referred to its earlier judgment in the matter of Onkar Radha Manohari (Smt) Vs. Venka Venkata Reddy reported in 1993 AIR SCW 3595 that while dealing with Section 498-A of the Indian Penal Code, the Court should not only examine as to whether delay is properly explained, but also as to whether it is necessary to entertain a time barred matter in the interest of justice.

From Paras 13 and 14,

13. These observations have been made in the context of territorial jurisdiction. The judgment does not deal with the aspect of limitation. Provisions of Sections 468, 472 and 473 of the Cr. P.C did not fall for consideration in this case. As against this in the cases of Arun Vyas and another Vs Anita Vyas (supra) and Ramesh and other Vs. state of Tamil Nadu (supra), the question of limitation was directly involved and the same is answered referring to the relevant statutory provisions. It is settled legal principle that judgments of the Courts have to be interpreted in the backdrop of facts of the particular case. Ratio of a case has to be understood and appreciated in the backdrop of the facts in which the judgment is delivered. The law laid down in the judgment cannot be divorced from the facts of the case in which it is delivered. A judgment cannot be interpreted like a statute. It cannot be applied uniformly every where like Euclid’s theorems of geometry. Therefore, while dealing with aforesaid three judgments cited during the course of hearing, we are of the considered opinion that the ratio laid down in the matters of Arun Vyas and Ramesh which directly deal with the question of limitation will have to be accepted. The judgment in the matter of Rupali Devi is relating to territorial jurisdiction of a Court to deal with offence under Section 498-A of the IPC.
14. In the light of above, we are of the opinion that limitation for offence punishable under Section 498-A of the IPC shall commence from the last act of cruelty. Offence under Section 498-A of the IPC is a continuing offence implies that each act of cruelty would offer new starting point of limitation. Limitation for prosecution under Section 498-A does not continue for indefinite period. Such interpretation will render Section 468 of the Cr. P.C. nugatory or otiose for the purpose of Section 498-A of the Indian Penal Code which does not appear to be the intention of legislature. Had there been intention to exclude Section 498-A of the IPC from the sweep of Section 468 of the Cr. P.C express provision could have been made for the said purpose.

Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr on 29 Jan 2025

Citations: [2025:BHC-AUG:2858-DB]

Other Sources:

https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-cruelty-498a-ipc-limitation-283107

https://lawtrend.in/limitation-period-for-ipc-section-498-a-to-commence-from-last-act-of-cruelty-bombay-high-court/

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

https://www.verdictum.in/court-updates/high-courts/bombay-high-court/aurangabad-musin-babulal-thengade-v-the-state-of-maharashtra-2025-bhc-aug-2858-db-limitation-1567184


Index of Quash judgments is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 472 - Continuing offence CrPC 473 - Extension of period of limitation in certain cases CrPC 482 – IPC 498A Quashed Delay or Unexplained Delay In Filing Complaint IPC 498A - 3 Years Limitation IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Landmark Case Legal Procedure Explained - Interpretation of Statutes Legislative Intent must be Respect while Interpreting Statutes Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr Rupali Devi Vs State of UP and Ors | Leave a comment

CrPC 473 – Extension of period of limitation in certain cases

Posted on February 16, 2020 by ShadesOfKnife

Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 473 - Extension of period of limitation in certain cases | Leave a comment

Vanka Radhamanohari Vs Vanka Venkata Reddy And Ors on 20 April 1993

Posted on February 16, 2020 by ShadesOfKnife

Supreme Court held that,

6. At times it has come to our notice that many courts are treating the provisions of Section 468 and Section 473 of the Code as provisions parallel to the periods of limitation provided in the Limitation Act and the requirement of satisfying the court that there was sufficient cause for condonation of delay under Section 5 of that Act. There is a basic difference between Section 5 of the Limitation Act and Section 473 of the Code. For exercise of power under Section 5 of the Limitation Act, the onus is on the appellant or the applicant to satisfy the court that there was sufficient cause for condonation of the delay, whereas Section 473 enjoins a duty on the court to examine not only whether such delay has been explained but as to whether it is the requirement of the justice to condone or ignore such delay. As such, whenever the bar of Section 468 is applicable, the court has to apply its mind on the question, whether it is necessary to condone such delay in the interests of justice. While examining the question as to whether it is necessary to condone the delay in the interest of justice, the Court has to take note of the nature of offence, the class to which the victim belongs, including the background of the victim. If the power under section 473 of the code is to be exercised in the interests of justice, then while considering the grievance by a lady, of torture, cruelty and inhuman treatment, by the husband and the relatives of the husband, the interest of justice requires a deeper examination of such grievances, instead of applying the rule of limitation and saying that with lapse of time the cause of action itself has come to an end. The general rule of limitation is based on the Latin maxim : vigilantibus, et non, dormientibus, jura subveniunt (the vigilant, and not the sleepy, are assisted by the laws). That maxim cannot be applied in connection with offences relating to cruelty against women.

7. It is true that the object of introducing Section 468 was to put a bar of limitation on prosecutions and to prevent the parties from filing cases after a long time, as it was thought proper that after a long lapse of time, launching of prosecution may be vexatious, because by that time even the evidence may disappear. This aspect has been mentioned in the statement and object, for introducing a period of limitation, as well as by this Court in the case of State Of Punjab v. Sarwan Singh 1981 3 SCC 34. But, that consideration cannot be extended to matrimonial offences, where the allegations are of cruelty, torture and assault by the husband or other members of the family to the complainant. It is a matter of common experience that victim is subjected to such cruelty repeatedly and it is more or less like a continuing offence. It is only as a last resort that a wife openly comes before a court to unfold and relate the day-to-day torture and cruelty faced by her, inside the house, which many of such victims do not like to be made public. As such, courts while considering the question of limitation for an offence under Section 498-A i.e subjecting a woman to cruelty by her husband or the relative of her husband, should judge that question, in the light of section 473 of the code, which requires the Court, not only to examine as to whether the delay has been properly explained, but as to whether “it is necessary to do so in the interests of justice”.

 

Vanka Radhamanohari Vs Vanka Venkata Reddy And Ors on 20 April 1993

Citations: [1993 (2) BLJR 875], [1993 (2) Crimes 275 SC], [I (1994) DMC 172 SC], [JT 1993 (4) SC 17], [1993 (2) SCALE 570], [(1993) 3 SCC 4]

Other Source links: https://indiankanoon.org/doc/849288/ or https://www.casemine.com/judgement/in/5609ac8ce4b014971140f1d2

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 468 - Bar to taking cognizance after lapse of the period of limitation CrPC 473 - Extension of period of limitation in certain cases Landmark Case Legal Procedure Explained - Interpretation of Statutes Limitation Act 1963 Sec 5 - Extension of prescribed period in certain cases Vanka Radhamanohari Vs Vanka Venkata Reddy And Ors | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
idf Israel Defense Forces @idf ·
14h

Yonatan Samerano was murdered and kidnapped during the Oct. 7 Massacre by an @UNRWA worker.

Yesterday, his body was recovered alongside the bodies of SSGT Shay Levinson, and Ofra Keidar in Gaza.

Where is the world’s outrage?

Reply on Twitter 1937204678606848216 Retweet on Twitter 1937204678606848216 1185 Like on Twitter 1937204678606848216 4398 X 1937204678606848216
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
yashtdp_ Yash @yashtdp_ ·
24h

నరసరావుపేటలో యువత పోరు అంటూ నాటకాలు వేస్తున్న పేటీఎం కుక్కల్ని చితకబాదిన ఏపీ పోలీసులు..👏💪
#Yuvathaporu #Narasaraopet

Reply on Twitter 1937057195713265893 Retweet on Twitter 1937057195713265893 323 Like on Twitter 1937057195713265893 1588 X 1937057195713265893
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
osint613 Open Source Intel @osint613 ·
12h

Trump: “Iran has officially responded to our obliteration of their nuclear facilities with a very weak response, which we expected, and have very effectively countered. There have been 14 missiles fired — 13 were knocked down, and 1 was ‘set free’ because it was headed in a…

Reply on Twitter 1937238782568464825 Retweet on Twitter 1937238782568464825 125 Like on Twitter 1937238782568464825 996 X 1937238782568464825
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
spectatorindex The Spectator Index @spectatorindex ·
12h

BREAKING: Trump thanks Iran for giving 'early notice' of its 'very weak response'

Reply on Twitter 1937238841561350369 Retweet on Twitter 1937238841561350369 900 Like on Twitter 1937238841561350369 7118 X 1937238841561350369
Load More

Recent Posts

  • Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011 June 22, 2025
  • Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025 June 17, 2025
  • V.Rajesh Vs S.Anupriya on 04 Jun 2025 June 16, 2025
  • Bal Manohar Jalan Vs Sunil Paswan and Anr on 30 Jun 2014 June 8, 2025
  • Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023 June 8, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (2,685 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,217 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (1,981 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,595 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,419 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,169 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,046 views)
  • State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024 (872 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (798 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (776 views)

Tags

Reportable Judgement or Order (402)2-Judge (Division) Bench Decision (372)Landmark Case (368)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (293)Catena of Landmark Judgments Referred/Cited to (273)Work-In-Progress Article (216)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (59)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (43)HM Act 13 - Divorce Granted to Husband (42)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)Legal Terrorism (38)

Categories

Supreme Court of India Judgment or Order or Notification (716)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (318)High Court of Andhra Pradesh Judgment or Order or Notification (179)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (106)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (35)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • June 2025 (10)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • BGW (Baghdad) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BGW (Baghdad) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • NJF (Najaf) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in NJF (Najaf) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • BSR (Basra) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BSR (Basra) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 212.57.126.100 | SD June 23, 2025
    Event: Bad Event | Total: 51 | First: 2025-06-23 | Last: 2025-06-23
  • 180.178.47.195 | SD June 23, 2025
    Event: Bad Event | Total: 120 | First: 2025-05-17 | Last: 2025-06-23
  • 162.248.100.196 | S June 23, 2025
    Event: Bad Event | Total: 78 | First: 2025-03-02 | Last: 2025-06-23
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 6072 access attempts in the last 7 days.

pixel