P.K. CHOUDHURY vs COMMANDER,48 BRTF(GREF)

The Supreme Court held that the complaint against the appellant under Sections 166 and 167 IPC was barred by limitation as per Section 468 CrPC, which stipulates a three-year limitation period for offences punishable with imprisonment exceeding one year but not exceeding three years. The Court emphasized that no order condoning the delay was passed by the Judicial Magistrate, and the appellant was not given an opportunity to be heard regarding the delay. Consequently, the Court quashed the proceedings initiated against the appellant, reinforcing the necessity of adhering to procedural safeguards in criminal prosecutions.