- (1.) While dealing with Criminal Appeal No. 829 of 2005 a two-Judge Bench of this Court noticed a conflict between a two-Judge Bench decision of this Court in Bharat Damodar Kale & Anr. v. State of Andhra Pradesh, 2003 8 SCC 559 which is followed in another two-Judge Bench decision in Japani Sahoo v. Chandra Sekhar Mohanty, 2007 7 SCC 394 and a three-Judge Bench decision of this Court in Krishna Pillai v. T.A. Rajendran & Anr., 1990 Supp1 SCC 121. In Bharat Kale it was held that for the purpose of computing the period of limitation, the relevant date is the date of filing of complaint or initiating criminal proceedings and not the date of taking cognizance by a Magistrate or issuance of a process by court. In Krishna Pillai this Court was concerned with Section 9 of the Child Marriage Restraint Act, 1929 which stated that no court shall take cognizance of any offence under the Child Marriage Restraint Act, 1929 after the expiry of one year from the date on which the offence is alleged to have been committed. The three-Judge Bench held that since magisterial action in the case before it was beyond the period of one year from the date of commission of the offence, the Magistrate was not competent to take cognizance when he did in view of bar under Section 9 of the Child Marriage Restraint Act, 1929. Thus, there was apparent conflict on the question whether for the purpose of computing the period of limitation under Section 468 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') in respect of a criminal complaint the relevant date is the date of filing of the complaint or the date of institution of prosecution or whether the relevant date is the date on which a Magistrate takes cognizance. The two-Judge Bench, therefore, directed that this case may be put up before a three-Judge Bench for an authoritative pronouncement.
(2.) When the matter was placed before the three-Judge Bench, the three-Judge Bench doubted the correctness of Krishna Pillai and observed that as a co-ordinate Bench, it cannot declare that Krishna Pillai does not lay down the correct law and, therefore, the matter needs to be referred to a five-Judge Bench to examine the correctness of the view taken in Krishna Pillai. Accordingly, this appeal along with other matters where similar issue is involved is placed before this Constitution Bench.
(3.) No specific questions have been referred to us. But, in our opinion, the following questions arise for our consideration: 3.1 (i) Whether for the purposes of computing the period of limitation under Section 468 of the Cr.P.C the relevant date is the date of filing of the complaint or the date of institution of prosecution or whether the relevant date is the date on which a Magistrate takes cognizance of the offence 3.1 (ii) Which of the two cases i.e. Krishna Pillai or Bharat Kale (which is followed in Japani Sahoo) lays down the correct law. Submissions;