Roma Ahuja Vs State And Another (Supreme Court of India)
Summary: The Supreme Court in Roma Ahuja Vs State And Another set aside the Delhi High Court’s order dated 30.01.2025 quashing FIR No. 121 of 2011 on limitation grounds. The FIR, registered on 09.05.2011 for offences under Sections 323 and 341 read with Section 34 IPC, concerned an incident involving the appellant and Respondent No. 2. The charge-sheet was filed on 29.05.2012, while the Magistrate subsequently took cognizance. The High Court held that the charge-sheet was beyond the one-year limitation applicable under Section 468(2)(b) Cr.PC. The Supreme Court held that, in view of the Constitution Bench judgment in Sarah Mathew v. Institute of Cardio Vascular Diseases, the relevant date for computing limitation under Section 468 Cr.PC is the date of filing of the complaint or initiation of criminal proceedings, and not the date on which the Magistrate takes cognizance. The Court rejected the attempt to distinguish Sarah Mathew on the basis of the distinction between a complaint and an FIR/police report, holding that what matters is the date of initiation of criminal proceedings. It also reiterated that courts and lawyers are bound to respect binding Constitution Bench precedent. The Supreme Court accordingly set aside the High Court’s order, allowed the appeals and directed that the trial proceed expeditiously in accordance with law.
