C482/201/2019 on 18 May, 2026

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    Uttarakhand High Court

    C482/201/2019 on 18 May, 2026

                                                                      2026:UHC:3819
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions              COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
                                   C482/201/2019
    
    
                                   Hon'ble Alok Mahra, J.
    

    Mr. Sandeep Kothari, learned
    counsel for the applicant.

    2. Mr. Akshay Latwal, learned A.G.A.
    along with Mr. Manoj Bhatt, learned Brief
    Holder for the State.

    SPONSORED

    3. Present C-482 application has been
    filed seeking quashing of the chargesheet,
    cognizance/summoning order dated
    01.12.2018 passed by the learned Judicial
    Magistrate, Rudrapur, District Udham
    Singh Nagar in Criminal Case No.10291 of
    2018, under Sections 115 and 116 I.P.C.,
    Section 3 of the Police (Incitement to
    Disaffection) Act, 1922, Sections 3 and 4
    of the Police Forces (Restriction of Rights)
    Act, 1966 and Sections 65 and 66 of the
    I.T. Act, as well as the entire proceedings
    of the aforesaid criminal case.

    4. Learned counsel for the applicant
    would submit that the F.I.R. was lodged
    alleging therein that a programme namely
    “Mission Aakrosh” was convened on
    31.08.2015, which according to the
    prosecution was an unlawful gathering. It
    has further been alleged that the present
    applicant had made certain posts on
    Facebook in connection with the said
    “Mission Aakrosh”, wherein statements
    were allegedly made against departmental
    proceedings initiated against police
    personnel and thereby dissatisfaction was
    sought to be created amongst members of
    2026:UHC:3819
    the police force.

    5. Learned counsel for the applicant
    would further submit that on the basis of
    the aforesaid Facebook posts, allegations
    were levelled that the applicant had
    incited police personnel not to discharge
    their official duties and had attempted to
    create disaffection within the police force;
    that, after investigation, the Investigating
    Officer submitted chargesheet dated
    20.11.2018, upon which cognizance was
    taken by the learned Magistrate on
    01.12.2018.

    6. Learned counsel for the applicant
    would submit that the alleged incident
    pertains to the year 2015 and the F.I.R.
    itself came to be lodged on 01.09.2015. It
    is contended that the maximum
    punishment prescribed for the offences
    alleged against the applicant does not
    exceed three years and, therefore, the bar
    of limitation contained under Section 468
    Cr.P.C. squarely applies to the facts of the
    present case. He would submit that
    Section 468(2) Cr.P.C. specifically
    prescribes the period of limitation for
    taking cognizance of offences, namely: (i)
    six months where the offence is
    punishable with fine only; (ii) one year
    where the offence is punishable with
    imprisonment not exceeding one year; and

    (iii) three years where the offence is
    punishable with imprisonment exceeding
    one year but not exceeding three years.

    7. He further submit that even if the
    entire allegations levelled in the F.I.R. are
    taken at their face value, the offences
    alleged against the applicant are
    punishable with imprisonment not
    2026:UHC:3819
    exceeding three years. Thus, according to
    learned counsel, cognizance of the alleged
    offences could not legally have been taken
    beyond the statutory period of limitation
    prescribed under Section 468 Cr.P.C.

    8. He would further submit that since
    the alleged occurrence admittedly relates
    to the year 2015 and the F.I.R. was lodged
    on 01.09.2015, the period of limitation
    prescribed for taking cognizance expired
    in the year 2018 itself. However, the
    learned court below proceeded to take
    cognizance vide order dated 01.12.2018,
    i.e. after expiry of the statutory period of
    limitation. It is contended that no order
    extending or condoning the delay under
    Section 473 Cr.P.C. was ever passed by
    the court concerned and, therefore, the
    impugned cognizance/ summoning order
    is wholly without jurisdiction and liable to
    be quashed.

    9. Learned counsel for the applicant
    would also submit that the applicant was
    serving in the Police Department and, on
    account of the present F.I.R.,
    departmental proceedings were also
    initiated against him, culminating in his
    dismissal from service. It is thus argued
    that continuation of the criminal
    proceedings, despite the express statutory
    bar contained under Section 468 Cr.P.C.,
    amounts to gross abuse of the process of
    the Court and, therefore, the impugned
    proceedings deserve to be quashed in
    exercise of inherent jurisdiction.

    10. This Court has considered the
    submissions advanced by learned counsel
    for the parties and perused the material
    brought on record.

    2026:UHC:3819

    11. It is not disputed that the alleged
    incident pertains to the year 2015 and the
    F.I.R. was lodged on 01.09.2015. It is also
    admitted that cognizance upon the
    chargesheet was taken by the learned
    Magistrate on 01.12.2018. From perusal
    of the offences alleged against the
    applicant, it is evident that the maximum
    punishment prescribed does not exceed
    three years. Therefore, in view of Section
    468(2)(c)
    Cr.P.C., cognizance could not
    have been taken after expiry of three years
    from the date of the alleged offence.
    Admittedly, no order extending the period
    of limitation in exercise of powers under
    Section 473 Cr.P.C. has been passed by
    the court below.

    12. In such view of the matter, the
    cognizance/summoning order dated
    01.12.2018 having been passed beyond
    the prescribed period of limitation is not
    sustainable in the eyes of law.
    Accordingly, the present C-482 application
    is allowed. The cognizance/summoning
    order dated 01.12.2018 passed by the
    learned Judicial Magistrate, Rudrapur,
    District Udham Singh Nagar in Criminal
    Case No.10291 of 2018, as well as the
    entire proceedings of the aforesaid
    criminal case, are hereby quashed qua the
    applicant.

    13. Pending application(s), if any, shall
    also stand disposed of.

    
            MAMTA
            RANI                                                (Alok Mahra, J.)
                                                                   18.05.2026
            Digitally signed by MAMTA RANI
    

    Mamta DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
    ou=HIGH COURT OF UTTARAKHAND,
    2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef90
    0bf09a6d67ebbd642671329b, postalCode=263001,
    st=Uttarakhand,
    serialNumber=5de1751a4f1d9cabfd54852c9e68911ca
    8b66dd26690a191648ab5d8dd004ef0, cn=MAMTA
    RANI
    Date: 2026.05.20 10:44:39 +05’30’



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