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february 1978

Supreme Court of India · 1978-02-28

SURINDER MOHAN VIKAL vs ASCHARAJ LAL CHOPRA

Citation / case number
SC 1972/60182
Court
Supreme Court of India
Petitioner
SURINDER MOHAN VIKAL
Respondent
ASCHARAJ LAL CHOPRA
Author
P.N. SHINGAL
Bench
P.N. SHINGAL

Judgment text excerpt

The Supreme Court held that the complaint filed under Section 500 IPC was barred by limitation as per Section 468 of the Criminal Procedure Code, which prescribes a three-year limitation period from the date of the offence. The Court clarified that the period of limitation commenced on March 15, 1972, when the defamatory complaint was filed, and since the complaint was filed on February 11, 1976, it was beyond the prescribed period. Consequently, the Magistrate's order to take cognizance of the offence was quashed.

SURINDER MOHAN VIKAL vs ASCHARAJ LAL CHOPRA · Niyam