007 (5) ABR (NOC) 772 (A. P.) = 2007 CRI. L. J. 2102 ::2007 (3) AJHAR (NOC) 974 (A. P.) = 2007 CRI. L. J. 2102

Andhra Pradesh High Court

Hon'ble Judge(s): A. Gopal Reddy, G. Yethirajulu , JJ

(B) Precedents — Conflict of opinion expressed by a Bench of equal strength — It is open for High Court to apply principles laid down in either of judgments which are nearer to facts of case before it (Para 26)

(A) Criminal P. C. (2 of 1974) S. 468 — Cognizance of offence — Bar of limitation — Complaint filed by a public servant authorised under S 72 of Act of 1976 — Date of filing complaint will be deemed to be date of taking cognizance of offence for purpose of S 468 Standards of Weights and Measures Act (60 of 1976), S 72 {" Once a complaint is filed for a non-cognizable offence by an authorised person under S. 72, who is a public servant, for contravention of provisions of Standards of Weights and Measures Act, the Magistrate need not examine him under S. 200, Cr. P.C. and he can straightway take it on file and issue process. Once he decides that he need not examine the complainant and can issue process, he judicially applied his mind for receiving of the complaint and it is deemed to have been taken cognizance of the offence on the date of presentation of the complaint if it is filed within the period of limitation. Thus, whenever a complaint is filed by a public servant authorised under S. 72 of the Act, the date of filing the complaint will be deemed to be the date of taking cognizance of the offence and not the date when the process is ordered for computing limitation under S. 468, Cr. P.C. "}