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april 2008

Supreme Court of India · 2008-04-15

Mahendra Singh Saini vs State Of Uttrakhand & Anr

Court
Supreme Court of India
Petitioner
Mahendra Singh Saini
Respondent
State Of Uttrakhand & Anr
Bench
Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's application under Section 482 Cr.P.C. challenging the cognizance taken under Section 406 IPC, affirming that the order was not barred by limitation. The Court clarified that the period of inquiry initiated by the Naib Tehsildar was to be excluded under Section 468 Cr.P.C., and the complaint was valid as the first informant was unaware of the offense until informed by the new Gram Pradhan. The Court emphasized the importance of timely investigation and the proper application of limitation provisions in criminal proceedings.

Mahendra Singh Saini vs State Of Uttrakhand & Anr · Niyam