Legal Question in Criminal Law in India

The order passed by the Hon'ble court of M.M. is as under :-

The filing of charge sheet after the prescribed period of three years as provided u/s 468 Cr.PC is badly barred by law of limitation. Here the charge sheet was filed after 12 years after the registration of FIR, hence application for condonation of delay stands dismissed. Consequently thereupon I decline to take the cognizance of the offence u/s 498(A) IPC.

Can this order be challenged and if so bt whom and how ?


Asked on 3/13/10, 8:04 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the state can challenge this order in sessions court and if the state doesnt want to challenge, the victim herself may challenge the same by hiring a private lawyer.

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Answered on 3/13/10, 10:16 am
Shrichand Nahar S.V.Nahar, Advocate

Either the State or Original Complainant can challenge the order.

At the first instance, concerned party need to approach the Sessions Court and thereafter the High Court.

Merits or otherwise of the matter depends on several facts and circumstances.

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Answered on 3/13/10, 8:36 pm


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