THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.7242 OF 2008 ORDER: 1 Complainant is the petitioner herein and he filed the present petition invoking the jurisdiction of this court under Section 482 of Cr.P.C questioning the order of dismissal dated 25.08.2008 in CCSR No.2396 of 2008 on the file of the Court of the Additional Judicial Magistrate of I Class, Kothapet, East Godavari District on the ground of limitation. 2 The petitioner herein making very serious allegations filed a private complaint against the first respondent herein for the offence punishable under Section 500 of IPC and as stated supra, the same was dismissed on the ground of limitation. 3 Heard both sides. 4 Section 468 of Cr.P.C. provides bar to taking cognizance after lapse of period of limitation and the period of limitation shall be a) Six months if the offence is punishable with fine only, b) One year if the offence is punishable with imprisonment for a term not exceeding one year, c) Three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. 5 The maximum sentence that can be imposed for a offence falling under section 500 of IPC is two years. Hence it falls under the category ‘C” of Section 468 of Cr.P.C. and according to the said provision of law, the period of limitation shall be three years. 6 The date of offence i.e. defaming the reputation of the petitioner as per the notice is dated 22.09.2005 and the complainant was filed before the court on 03.07.2008. As the period of limitation for an offence falling under section 500 of IPC is three years, as provided under Sub Section ‘C’ of Section 468 of Cr.P.C. and the said complaint is filed within a period of three years, in my considered view, the order passed by the court below is not correct. The court below has taken the maximum sentence into consideration and dismissed the complaint stating that the said complaint is barred by limitation. But that view is not correct in the light of the specific provision. 7 Hence, the present Criminal Petition is allowed and the order dated 25.08.2008 passed in CCSR No.2396 of 2008 on the file of the Court of the Additional Judicial Magistrate of I Class, Kothapet, East Godavari District is hereby set aside and the court below is hereby directed to take the complaint on file, number it and proceed in accordance with law. -------------- 01.07.2010 Kvsn