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Roma Ahuja v. The State & Another

Criminal Appeal · 2026 INSC 336Decided 9 Apr 2026
Crl.A. No.-001831-001832 - 2026
Justice Prashant Kumar Mishra · Justice N.V. Anjaria

Background

Following a scuffle outside a magistrate's court in 2011, the appellant and the accused (an advocate) lodged cross-FIRs against each other over the same incident. The charge-sheet in the appellant's FIR was filed about a year and 20 days after the incident, and the accused later got the Delhi High Court to quash that FIR on the ground that cognizance was taken beyond the one-year limitation period prescribed under Section 468 of the Cr.P.C. The appellant challenged that quashing order before the Supreme Court, arguing the High Court had used the wrong reference date to calculate limitation.

Decision Breakdown

The Supreme Court held that the Delhi High Court erred by treating the date the Magistrate took cognizance as the relevant date for computing limitation under Section 468 Cr.P.C. Relying on the binding Constitution Bench precedent in Sarah Mathew, the Court reaffirmed that the correct reference point is the date of filing of the complaint/FIR (i.e., the date criminal proceedings are initiated), not the date of cognizance, and this rule applies equally whether the case originates from a police FIR or a private complaint. The Court also rebuked counsel for attempting to argue around settled Constitution Bench law without a valid basis for distinguishing it, calling this contrary to professional ethics. It set aside the High Court's quashing order and directed the trial to proceed expeditiously.

Lesson Learnt

For criminal limitation purposes, the clock under Section 468 Cr.P.C. runs from the date the FIR/complaint is filed (initiation of proceedings), not from the later date a Magistrate takes cognizance: a distinction that can determine whether a criminal case survives a time-bar challenge.

Official source (sci.gov.in)View Judgment (PDF)

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