Order 4

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT01-004718-2026
SC No. 318/2026
STATE OF DELHI Vs. MOHSIN
FIR No. 524/2021
PS (Darya Ganj)
22.08.2026
Present: Sh. Deepak Kumar Jha, Ld. Addl. PP for the State.
Sh. P.D. Jha, ld. Counsel for complainant.
Sh. Hitanshu Uttreja, Asst. Manager (Legal) of the
complainant company.
Sh. Nitin Vashishtha, Legal retainer of the
complainant company..
Inspector Ajay Kumar Sharma, SHO PS Darya Ganj
in person.
An application has been filed by the IO alongwith
the chargesheet seeking condonation of delay in filing the
chargesheet.
However, at this stage, Ld. Addl. PP for the State
submits that complaint was given to the police by the authorised
officer of the complainant in writing on 29.01.2020 about the
detection of theft of electricity in an inspection conducted by the
employees of the complainant company on 23.12.2019. He
further submits that FIR in the present case was registered by the
police on 20.12.2021 and upon completion of investigation, IO
has filed chargesheet / final report before the Court on
14.03.2026 for offence u/s 135 of the Electricity Act. He further
submits that the relevant date for computing limitation u/s 468
Cr.PC (corresponding to section 514 of BNSS) is the date of
filing of the complaint/date of initiation of criminal proceedings,
and not the date of filing of the chargesheet or the date on which
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cognizance is taken by the Court. He further submits that since
the complaint was given to the police within the prescribed
period of limitation i.e. three years, hence, the subsequent filing
of the final report / chargesheet by the IO on 14.03.2026, does
not attract the bar u/s 468 Cr.PC (corresponding to section 514 of
BNSS). He has relied upon the Judgment of Hon'ble Supreme
Court in the case titled as
“Roma Ahuja Vs. The State & Anr.,
2026 Livelaw (SC) 351” .
I have heard the submissions and carefully perused the
record. In the Judgment of case titled as
“ Roma Ahuja Vs. The
State & Anr., 2026 Livelaw (SC) 351” , the Hon'ble Supreme
Court has held as under:-
“7.2 xxxxxxxx. The computing point
of limitation for the purpose of Section
468, Cr.PC is held to be the date of filing
complaint – the date of initiation of
criminal proceedings. Whether the case
belongs to one instituted before the
Magistrate under Section 173 or it is upon
a complaint filed before the police, what
matters is the date of initiation of criminal
proceedings.
7.3 The criminal proceedings can be
said to have been initiated in both
categories of complaint when the
complaint is filed before the Magistrate or
FIR is lodged before the police, as the case
may be. It remains a complaint made
either to the Magistrate or to the police to
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become the starting point of initiation of
criminal proceedings.
7.4 The relevant date as held by
Sarah Mathew (supra) would be the date of
filing of complaint or, differently stated,
the date of initiation of criminal
proceedings. xxxxx”
In view of the aforesaid Judgment of Hon’ble Supreme
Court in the case of
Roma Ahuja (supra), the relevant date for
computing limitation u/s 468 Cr.PC (corresponding to section
514 of BNSS) is the date of filing of complaint/date of initiation
of criminal proceedings. In the present case, the complaint was
given by the complainant to the police on 29.01.2020 regarding
the detection of theft of electricity in an inspection conducted by
the employees of the complainant company on 23.12.2019. The
criminal proceedings, therefore, stood initiated on 29.01.2020.
Since the complaint was given to the police within the prescribed
period of limitation i.e. three years, the subsequent filing of
chargesheet by the IO on 14.03.2026, by itself, does not render
the prosecution barred by limitation and thus, there is no bar in
taking cognizance, on the point of limitation period, on the basis
of chargesheet filed by the IO.
Application under consideration filed by IO stands
disposed of accordingly.
At this stage, the SHO PS Darya Ganj has filed an
application seeking permission to conduct further investigation in
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the present case. Copy thereof be supplied to the ld. Counsel for
complainant.
Submissions heard. Perused.
SHO/IO concerned is at liberty to file supplementary
report qua the further investigation, if any, at the earliest.
Be put up on 16.10.2026 for further proceedings.
IO is bound down to appear on the next date of
hearing.
(Sachin Gupta)
Special Judge, Electricity-02,
Central, Tis Hazari Courts
Delhi/22.08.2026
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