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NEERAJ KUMAR SAINY AND ORS. Vs. STATE OF U.P AND ORS
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Showing posts with label
NEERAJ KUMAR SAINY AND ORS. Vs. STATE OF U.P AND ORS
.
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Tuesday, March 28, 2017
whether for the purposes of computing the period of limitation under Section 468 CrPC the relevant date is the date of filing of the complaint or the date of institution of the prosecution or whether the relevant date is the date on which a Magistrate takes cognizance of the offence. Answering the issue, the Court held that for that purpose computing the period of limitation under Section 468 CrPC the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance.; it is well settled in law that no one should suffer any prejudice because of the act of the court - “actus curiae neminem gravabit”.-. Once the said principle is not applicable, the rest of the submissions pertaining to seats going waste or the State losing its investment or the suffering of the students or claim of parity with other students have no legs to stand upon. It is because to give indulgence to the appellants or the interfering with the impugned order would only give rise to chaos; and it is an accepted norm that law does not countenance any chaos and abhors anarchy.
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION ...
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