SHAKUNT ALA DEVI & ORS. versus CHAMRU MAHTO & ANR.

SHAKUNT ALA DEVI & ORS. versus CHAMRU MAHTO & ANR.

Application for implementation of order under Section 145(4) CrPC must be filed within three years as per Article 137 of Limitation Act, and since the appellants' application was filed beyond the period, it is barred and rightly rejected.

Parties
Appellants: Shakuntala Devi & Ors.; Respondents: Chamru Mahto & Anr.
Jurisdiction
India
Judgment Date
10 February 2009
Procedural Posture
Criminal Appeal / Final Judgment on Appeal From Patna High Court
Outcome
Appeal dismissed
Legal Topics
Section 145 Cr PC, Limitation for Implementation of Orders Under Cr PC, Scope of High Court Powers Under Sections 397(3) and 482 Cr PC
Criminal Law Law of Limitation Section 145 Cr PC Limitation for Implementation of Orders Under Cr PC Scope of High Court Powers Under Sections 397(3) and 482 Cr PC

Case Brief

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Parties

Shakuntala Devi & Ors.

Appellants

Chamru Mahto & Anr.

Respondents

Procedural Posture

Criminal Appeal / Final Judgment on Appeal From Patna High Court

Legal Issues

  1. 1 Whether application under Section 145(6) CrPC for restoration of possession is barred by limitation under Article 137 of Limitation Act, 1963
  2. 2 Whether Section 6 of Specific Relief Act has any application to proceedings under Section 145 CrPC
  3. 3 Whether High Court can exercise powers under Section 482 CrPC despite bar under Section 397(3)

Ratio Decidendi

Application for implementation of order under Section 145(4) CrPC must be filed within three years as per Article 137 of Limitation Act, and since the appellants' application was filed beyond the period, it is barred and rightly rejected.

Court Disposition

Appeal dismissed

Orders

  • Application for restoration of possession in terms of Section 145(6) CrPC rejected as time barred
  • No further relief granted to appellants