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Supreme Court Decisions/Judgements Directory

Smt Vanka Radhamanohari vs Vanke Venkata Reddy And Ors

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:V. PARUKUTTY MANNADISSIAR & ANR.Vs. RESPONDENT:STATE OF KERALA & ORS. DATE OF JUDGMENT05/09/1989 BENCH:MISRA RANGNATH BENCH:MISRA RANGNATH VENKATACHALLIAH, M.N. (J) CITATION:1990 AIR 817 1989 SCR Supl. (1) 37 1990 SCC Supl. 245 JT 1989 (3) 572 1989 SCALE (2)529 ACT:Kerala Private ...