PRITAM SINGH vs STATE OF HARYANA

The Supreme Court held that the prosecution against the appellant, a constable, was barred by limitation under Section 42 of the Police Act, 1861, as it was initiated more than three months after the alleged offence of absence from duty on November 25, 1963. The Court permitted the appellant to raise the limitation issue for the first time, as it was a pure question of law requiring no fresh investigation into facts. Consequently, the Court allowed the appeal and set aside the conviction and sentence imposed by the lower courts.