Limitation: Court cannot use the judgment decided on the complaint case for police cases
Head note: Prayer – Issue raised – Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want of limitation) – Kishore vs. State – Information to the police is akin to a complaint under section 2(d) crpc – General principle of criminal law – Old code, 1898 Cr.P.C: Prosecution need not be quashed based on delay in instituting the complaint – Law commission recommendation to introduce limitation in prosecution – Introduction of limitation for prosecution in new Code, 1973 – Difference between information and complaint – Cognizance – Sarah Mathew’s case deals with the complaint and not with the police report – In Kishore vs. State Hon’ble Madras High court mixed up the word information as complaint – How to use judgments? Courts should place reliance on decisions as to how the factual situation fits- FIR quashed – Notes for understanding for students – Author’s note.