Relevant date for computing limitation is the date of filing of complaint

41. In view of the above, we hold that for the purpose 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 and not the date on 

which the Magistrate takes cognizance. We further hold that 

Bharat Kale which is followed in Japani Sahoo lays 

down the correct law. Krishna Pillai will have to be 

restricted to its own facts and it is not the authority for 

deciding the question as to what is the relevant date for the 

purpose of computing the period of limitation under Section 

468 of the Cr.P.C.1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.829 OF 2005

Mrs. Sarah Mathew … Appellant

Versus

The Institute of Cardio Vascular

Diseases by its Director 

– Dr. K.M. Cherian & Ors. … Respondents
Decided on Dated;NOVEMBER 26, 2013.
Read full judgment here;https://drive.google.com/file/d/0B5vWGtQ14k1BMnJEOVl1Wm9MTm8/edit?usp=sharing

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