SANJEEV KR MISHRA Vs. STATE

JUDGEMENT

(1.) HEARD .

(2.) THIS application has been filed for quashing the entire criminal proceeding including the cognizance taken by the learned Chief Judicial Magistrate, Bhagalpur, in the P.S. Case No. 13 of 1993 (A).

(3.) IT appears from the report that the complainant Subdivisional Magistrate, Bhagalpur, came to know about the occurrence on 31.8.1992 when a petition was filed by the opposite parties. A complaint case was filed by the Subdivisional Judicial Magistrate on 10.9.1992 and the court took cognizance against the petitioner by order dated 13.9.1993. The maximum sentence provided under Section 188 of the Indian Penal Code is imprisonment for six months with fine. The period of limitation is one year for offences in which the sentence is not exceeding R.I. for one year as per provision of section 468 Cr. P.C. The period of limitation was commenced from the date of knowledge of offence to the complainant under the provision of section 469 of the Code.