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2000 (8) TMI 1097 - SC - Indian LawsWhether the order of the prosecution had not been passed by an appropriate authority and that the cognizance could not have been taken as according to him the complaint was barred by limitation? Held that:- We agree with the submissions made by Mr.Bahuguna that no sanction or consent is provided to be taken from the Government under Section 13(3) of the Act and the period spent in obtaining the orders for filing the complaint cannot be excluded under Explanation to Subsection (3) of Section 470 Cr.P.C. No useful purpose would be served by again directing the complainant to approach the Trial Magistrate for the purposes of seeking extension of period of limitation. The complainant is held to have explained the delay in filing the complaint which required extension. The complaint is, therefore, held to be within time and the petitioner is not entitled to be discharged on this ground. Appeal dismissed.
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