Generally, no — a criminal case for certain offences cannot proceed in Kolkata if the complaint is filed beyond the applicable limitation period, since Section 528 and related provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Sections 468 and 473 of the earlier Code of Criminal Procedure) establish specific limitation periods for taking cognizance of certain offences, particularly those punishable with relatively lesser sentences, beyond which courts generally cannot take cognizance unless a valid exception applies.

The applicable limitation period varies based on the severity of the offence, ranging from six months for offences punishable with fine only, to one year for offences punishable with imprisonment up to one year, and three years for offences punishable with imprisonment exceeding one year but not exceeding three years, with more serious offences carrying higher potential sentences generally not subject to any limitation period at all under this framework.

However, courts retain discretion to condone delay and take cognizance beyond the ordinary limitation period where the delay is properly explained and the interests of justice genuinely require this exception, meaning that a complaint filed beyond the standard limitation period is not automatically and irrevocably barred, but rather requires the complainant to satisfactorily explain the delay to the court's satisfaction before cognizance can properly be taken.

If you are facing a criminal complaint in Kolkata that you believe was filed beyond the applicable limitation period, this presents a potentially significant defence, and consulting experienced criminal defence counsel can help you properly assess and raise this limitation challenge. Consulting the team at Aapka Legal Advice can help you evaluate whether limitation provides a viable defence in your specific Kolkata criminal matter.

Given the technical calculations often involved in properly assessing limitation periods and any applicable exceptions, obtaining a second opinion from a retired judge on the strength of your specific limitation defence can provide valuable clarity. Kolkata's experienced criminal lawyers and retired judges, available through Aapka Legal Advice's Kolkata lawyer directory, regularly assist clients navigating these limitation-related defences.

In conclusion, a criminal case in Kolkata generally cannot proceed if the complaint was filed beyond the applicable statutory limitation period, absent a properly justified exception, making this an important defence to carefully evaluate in appropriate cases.