‘Offence committed but FIR can’t be filed now’

Section 468(2)(B) limits the period to one year for filing complaints for an offence that is punishable with a term not exceeding one year.

By: Press Trust of India | Ahmedabad | Published:July 1, 2014 4:11 am
Narendra Modi Narendra Modi

An Ahmedabad court on Monday held that though Narendra Modi had committed an offence under RP Act by not disclosing his marital status while contesting the Assembly polls in 2012, a petition seeking registration of an FIR against him cannot be entertained due to a time-bar prescribed for such cases.

Additional Chief Judicial Magistrate M M Sheikh of Ahmedabad (rural) court passed an order to this effect while disposing of an application by an AAP leader, Nishant Verma, which sought an FIR to be registered against Prime Minister Narendra Modi for “hiding” his marital status in the affidavit he had filed with his nomination in 2012. The court said “an offence is committed under section 125(A)(3) of Representation of People (RP) Act by not disclosing facts” about Modi’s marital status.

Section 125-A(3) of RP Act deals with penalty for concealing information while filing affidavit and provides for imprisonment for a term which may extend to six months.

The court, however, said as per CrPC section 468(2)(B), the complaint for the offence has to be made within one year in cases related to the violation of section 125(A)(3) of the RP Act. As the complaint was submitted after a year and four months of alleged offence “cognizance of complaint cannot be taken and an FIR can not be lodged now”, the court said. CrPC section 468 prescribes limitations to non-serious cases where the imprisonment term does not exceed three years. “No court shall take cognizance of an offence of the category after the expiry of the period of limitation,” reads section 468 of CrPC.

Section 468(2)(B) limits the period to one year for filing complaints for an offence that is punishable with a term not exceeding one year. Violation of section 125(A) of RP Act attracts a maximum penalty of six months.

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  1. B
    B
    Jul 1, 2014 at 7:00 am
    Modi hunting goes on.
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    1. C
      chetan khulbe
      Jul 1, 2014 at 4:00 am
      Glad to hear about Mr. Modi's clean chit :)
      Reply
      1. K
        Karn
        Jul 1, 2014 at 3:43 pm
        There are already 500 million fines on reliance with more coming . A hike in gas prices is definitely needed ... Go read up on why ... Grow up
        Reply
        1. K
          Kamalika Narayan
          Jul 1, 2014 at 3:06 am
          Shame on you Modi. You fooled all the voters including me. Just look at any national news paper. They did not publish Gas Price Hike. Why you know? They all get their share in price hike. Dont read Times of India any more. The news media gorup including the CNBC India, "Money Control" are all taken over by Reliance Group. This kind of takeover is a conflict of interest, which wont be allowed in any other country. The only national news paper which published this Gas Looting by Modi-Reliance gang is Indian Express. Others observed complete silence...
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          1. M
            Murthy
            Jul 1, 2014 at 3:37 am
            Wasting courts time knowing the law and its judgement to be avoided,these kind of complaints to be considered as "Motivated with ill minded attempts to torture others"I don't think AAP leader don't know the law before filing a complaint.Lets not waste time...move on....
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            1. M
              muralidhara
              Jul 1, 2014 at 3:00 am
              AAP shall now be satisfied with the order of the Additional Chief Judicial Magistrate M M Sheikh of Ahmedabad (rural) that the court has said “an offence is committed under section 125(A)(3) of Representation of People (RP) Act by not disclosing facts” about Modi’s marital status. No need for filing any FIR as the same is not possible on account of limitations in the law. But the Court has said "an offence is committed under section 125(A)(3) of Representation of People (RP) Act by not disclosing facts". This should be enough for AAP. A moral and political victory indeed!
              Reply
              1. A
                azeem
                Jul 1, 2014 at 4:19 am
                but I think court is under pressure from PM. crime is crime , it can not be disposed only late in time. PM must be punished for what he concealed and highness does not come in the way
                Reply
                1. I
                  Indian
                  Jul 1, 2014 at 11:59 am
                  Now we should lie in all govt doents and if we are luck after 1 year no one can do anything to us. What a Law Sir ji..
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                  1. N
                    Nishant Varma
                    Nov 4, 2014 at 9:56 am
                    I agree, God knows why mainstream AAP isnt paying attention, to what you understand
                    Reply
                    1. N
                      Nishant Varma
                      Nov 4, 2014 at 9:57 am
                      People such as Modi who commit offence and are out loose, must be brought to books
                      Reply
                      1. N
                        Nishant Varma
                        Nov 4, 2014 at 9:54 am
                        Read the law. Its a Crime already pronounced by Court. Modi will be brought to books, in due time
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                        1. N
                          Nishant Varma
                          Nov 4, 2014 at 9:53 am
                          The JMFC court's judgement of portion of limitation is flawed, its challenged now in Sessions. It will be revoked soon. Enjoy
                          Reply
                          1. N
                            Nishant Varma
                            Nov 4, 2014 at 9:54 am
                            The JMFC court's judgement of portion of limitation is flawed, its challenged now in Sessions. It will be revoked soon. Enjoy
                            Reply
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                              Citizen
                              Jul 1, 2014 at 1:26 pm
                              In every country the laws are made and there is one called Statute of limitations this normally depends on the severity of the crime and a time limit is imposed after that no court can help the individuals who are like Kumbhakarnas and lazy to approach the courts and initiate the remedy/action for the crime. So here the judge is right and he should have punished the plaintiff for wasting the public time and money. Jaihind
                              Reply
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                                Anand
                                Jul 1, 2014 at 2:13 am
                                I FEEL WHY PEOPLE WAIST THEIR TALENT IN FINDING FAULT OF OTHERS AND WHILE DOING SO THEY SPEND TIME AND MONEY OF THE HONOURABLE COURTS.THESE PEOPLE SHOULD BE FINED HEAVILY AND JAILED .
                                Reply
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                                  Piyush
                                  Jul 1, 2014 at 11:16 am
                                  Why hiding a marital status is crime when nothing benefits him in the context. If crime is crime go catch those who have made utmost serious offences and still loose just in the name of blind law. Our PM Shri. Narendra Modi is a person with great vision towards building this nation once and for all and those who cannot see the growth of the nation are real offenders called by me "Anti National". Please support Modi and support yourself. You ll never regret this.
                                  Reply
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