P.K. Choudhury vs Commander, 48 Brtf (Gref)

The Supreme Court held that the cognizance taken under Section 166 and 167 IPC was barred by limitation as per Section 468 of the Code of Criminal Procedure, 1973, which specifies a three-year limitation period for such offences. The Court emphasized that the Judicial Magistrate failed to consider the grounds for condonation of delay and did not provide the appellant an opportunity to be heard, violating principles of natural justice. Consequently, the Court set aside the High Court's order and remitted the matter for fresh consideration by the trial court.