ROMA AHUJA versus THE STATE AND ANOTHER

ROMA AHUJA versus THE STATE AND ANOTHER

The period of limitation under Section 468, CrPC must be reckoned from the date of filing the complaint or the date of initiation of criminal proceedings (including the date of filing an FIR), and not from the date on which the Magistrate or Court takes cognizance; therefore the High Court erred in quashing the FIR on the ground that cognizance was taken after the limitation period.

Parties
Appellant: Roma Ahuja; Respondent: The State; Respondent: Ashutosh
Jurisdiction
India
Judgment Date
09 April 2026
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals allowed; impugned High Court order quashing FIR set aside
Legal Topics
Limitation, Section 468, Cr.pc, Cognizance, FIR, Precedent Sarah Mathew, Legal Maxims
Criminal Procedure Criminal Law Professional Ethics Limitation Section 468, Cr.pc Cognizance FIR Precedent Sarah Mathew +1 more

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Parties

Roma Ahuja

Appellant

The State

Respondent

Ashutosh

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the period of limitation under Section 468, CrPC is to be computed from the date of filing the complaint/FIR (initiation of proceedings) or from the date when the Court/Magistrate takes cognizance
  2. 2 Whether the Constitution Bench decision in Sarah Mathew applies where an FIR is lodged with the police and cognizance is thereafter taken by the Magistrate

Ratio Decidendi

The period of limitation under Section 468, CrPC must be reckoned from the date of filing the complaint or the date of initiation of criminal proceedings (including the date of filing an FIR), and not from the date on which the Magistrate or Court takes cognizance; therefore the High Court erred in quashing the FIR on the ground that cognizance was taken after the limitation period.

Court Disposition

Appeals allowed; impugned High Court order quashing FIR set aside

Orders

  • Impugned order dated 30.01.2025 in Crl. M.C. No.1170 of 2017 and Crl. M.A. No.7270 of 2016 set aside
  • Appeals allowed