OMISSION TO EXAMINE COMPLAINANT & IT’S EFFECT.
Before taking cognizance in the case, examination of the complainant is necessary. Where the allegations in complaint clearly make out the offence, the non examination of the complainant would not vitiate the cognizance, the defect is curable U/S 464 of Cr.P.C., Where the accused is not prejudiced the omission to examine the complainant may be treated as an error of procedure falling within the purview of Sec. 464. Such a course is irregular but does not vitiate the entire proceedings. An omission to examine the complainant and his witness, is a serious irregularity. But it will not necessarily vitiate the proceedings.
BAR RO TAKING COGNIZANCE AFTER LAPSE OF THE PERIOD OF LIMITATION
Sec. 468 of CrPC (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
(3) For the purpose of this Section, the period of limitation, in relation to offence which may be tried together, shall be determined with reference to the offence which is punishable with more severe punishment or as the case may be, the most severe punishment.
TAKING COGNIZANCE OF THE OFFENCE UNDER SPEC. ACTS
THE PREVENTION OF CORRUPTION ACT, 1988
Section 3: Power to appoint Special Judge
- The Central Government or the State Government may, by notification in the official Gazette, appoint as many Special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely:
- Any offence punishable under this Act; and
- Any conspiracy to commit or any attempt to commit or any abatement of any of the offences specified in clause (a)
- A person shall not be qualified for appointment as a Special Judge under this Act unless he is or has been a Session Judge or an Additional Sessions Judge or an Assistant Judge or an Additional Sessions Judge under the Code of Criminal Procedure, 1973.