Cognizance After Limitation Period Impermissible; ‘Bona Fide Oversight’ or ‘Usual Practice’ No Justification for Magistrate: Allahabad High Court

The Allahabad High Court has quashed criminal proceedings in a motorcycle theft case after holding that cognizance taken beyond the mandatory limitation period under Section 468 Code of Criminal Procedure is illegal and unsustainable. The Court strongly criticised the casual approach adopted by the Magistrate while taking cognizance and reiterated that judicial practice cannot override statutory law. Parties and Court Details The application was filed by Avneesh Kumar against the…