New Delhi: The Supreme Court has ruled that a delay in registering a First Information Report (FIR) cannot be the sole basis for quashing proceedings if the FIR discloses a cognisable offence punishable with imprisonment of more than three years.
A bench of Justices Dipankar Datta and Manmohan passed the judgment while setting aside a High Court order that had quashed an FIR against two individuals under IPC Sections 467, 468, 471, 420, and 120B. These offences carry punishments exceeding three years.
The High Court had cited, among other reasons, a delay of 16 years in lodging the FIR. However, the Supreme Court found this reasoning untenable.
“It is settled law that delay in registration of the FIR for offences punishable with imprisonment of more than three years cannot be the basis of interdicting a criminal investigation,” the court stated.
Justice Manmohan, writing the judgment, noted that under Section 468 of the Criminal Procedure Code (CrPC), the bar of limitation does not apply to such serious offences.
The bench further observed that the appellant discovered the alleged fraud, involving a sale deed and prior mortgages, only on December 28, 2021. The complaint was then filed with the Economic Offences Wing on January 12, 2022.
“Section 469 CrPC provides that the period of limitation commences from the date on which the offence comes to the knowledge of the person aggrieved,” the court noted, concluding that the complaint was filed within the permissible timeframe.
The appeal was accordingly allowed.