For limitation under criminal law, the relevant date is initiation of proceedings (filing of complaint/FIR), not the date of cognizance by the Magistrate.

 For limitation under criminal law, the relevant date is initiation of proceedings (filing of complaint/FIR), not the date of cognizance by the Magistrate.

Facts

An FIR (2011) was registered under ss. 323, 341 r/w s. 34 IPC following an altercation. The charge-sheet was filed after one year and 20 days.

The High Court quashed the FIR under s. 468 CrPC, holding that cognizance was taken beyond limitation (1 year).

The complainant challenged this before the Supreme Court.

Issues Framed

Whether limitation under s. 468 CrPC is to be computed from:
(a) date of filing complaint/FIR (initiation), or
(b) date of taking cognizance by Magistrate?

Court’s Reasoning

(a) The Court analysed Chapter XXXVI CrPC (ss. 468–473), noting that s. 468 CrPC bars cognizance after limitation, while s. 469 CrPC governs commencement (Para 5.2–5.2.2).

(b) Relying on Constitution Bench in Sarah Mathew, the Court held:
“the relevant date is the date of filing of the complaint or institution of prosecution” (Para 5.8.4).

(c) It emphasized that taking cognizance is an act of the court, often subject to delay beyond the complainant’s control (Para 5.7–5.8).

(d) Applying the maxim actus curiae neminem gravabit, the Court reasoned that delay attributable to the court cannot prejudice a diligent complainant (Para 5.4.2).

(e) It rejected the distinction between FIR-based cases and complaint cases, holding that in both, initiation of criminal proceedings is the relevant starting point (Para 7.2–7.4).

(f) The High Court erred in treating the date of cognizance as decisive and ignoring settled precedent (Para 10).

Held

High Court order quashing FIR was set aside. Trial directed to proceed.

Ratio

For computing limitation under s. 468 CrPC, the relevant date is the date of filing of complaint or initiation of criminal proceedings (including FIR), and not the date on which the Magistrate takes cognizance.

Case Details

Citation: 2026 INSC 336
Decided on: 9 April 2026
Case Title: Roma Ahuja v. State & Anr.
Court: Supreme Court of India
Bench: N.V. Anjaria J., Prashant Kumar Mishra J.


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