Incorrect statement that the complaint was in time

The complaint asserted that it had been filed within time. That assertion was incorrect because the complaint was delayed. The Magistrate initially acted without noticing the delay. The later discovery required application of the statutory proviso. An inaccurate statement did not dispense with limitation. The Court considered the actual filing date. The complainant’s explanation still had to be assessed in the prescribed sequence. The statutory condition remained mandatory. (S. Nagesh v. Shobha S. Aradhya | 2026 INSC 27)