The Madras High Court on Thursday ordered notice on a petition seeking to recall its earlier order, which quashed the FIR registered against controversial Godman Sivasankar Baba in a sexual harassment case.
However, in the absence of any petition under section 473 CrPC to condone the delay filed along with the complaint, the case becomes barred by limitation.
The Madras High Court on Thursday ordered notice on a petition seeking to recall its earlier order, which quashed the FIR registered against controversial Godman Sivasankar Baba in a sexual harassment case.
Justice R N Manjula ordered the notice to Baba, returnable by November 15.
Originally, by an order dated October 17 this year, Justice Manjula had set aside the FIR registered against Baba after holding that the case was barred by limitation. The allegation of sexual harassment by Baba, made by the complainant, the mother of a boy studying in the school run by him, was serious in nature.
However, in the absence of any petition under section 473 CrPC to condone the delay filed along with the complaint, the case becomes barred by limitation. Hence, the investigation could not serve any fruitful purpose and for the reasons of technical flaw, the FIR is liable to be quashed, the judge had said.
Aggrieved, the Tamil Nadu police preferred the present petition to recall the October 17 order. The judge ordered the notice to Baba and posted the case to November 15.
-With PTI Input