MUNESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED counsel for the petitioners and for the State have been heard.

(2.) PETITIONERS have filed this application under section 482 or the Code of Criminal Procedure for quashing the entire prosecution arising out of Patliputra P.S. Case No. 32/89, as well the impugned order dated 8.1.1996 under which cognizance for offence had been taken by the learned Chief Judicial Magistrate, Patna, under sections 147, 448, 426, 342 and 323 of the Indian Penal Code against the petitioners and three others.

(3.) IT has been submitted that after investigation the police had submitted charge -sheet in the court of Addl. Chief Judicial Magistrate, Patna on 4.5.1989, well within the period of limitation. However, it appears from the impugned order that cognizance of offence was taken by the Additional Chief Judicial Magistrate, Patna vide order dated 8.1.1996 under sections 147,448, 426, 342 and 323 of the Indian Penal Code and the case was transferred to the court of Shri N.N. Singh, Judicial Magistrate, 1st Class at Patna for disposal.