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january 2008

Supreme Court of India · 2008-01-25

S.K. Sinha, Chief Enforcement Officer vs Videocon International Ltd. & Ors

Citation / case number
AIR 2008 SUPREME COURT 1213
Court
Supreme Court of India
Petitioner
S.K. Sinha, Chief Enforcement Officer
Respondent
Videocon International Ltd. & Ors
Author
C.K. Thakker
Bench
C.K. Thakker, P.P. Naolekar

Judgment text excerpt

The Supreme Court addressed the distinction between issuance of process and taking cognizance in criminal proceedings, clarifying that these are not synonymous. The Court held that if the period for initiating criminal proceedings has lapsed by the time of process issuance, the proceedings should be quashed as barred by limitation under Section 468 of the Code of Criminal Procedure, 1973. The appeal was allowed, and the High Court's decision was set aside, emphasizing the importance of adhering to statutory time limits in criminal law.

S.K. Sinha, Chief Enforcement Officer vs Videocon International Ltd. & Ors · Niyam