LAWS(PAT)-2006-7-10

RAJENDRA YADAV Vs. STATE OF BIHAR

Decided On July 28, 2006
RAJENDRA YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS is an application u/s. 482 of the Code of Criminal Procedure, 1973 for quashing the order dated. 27.5.2004 passed by the Chief Judicial Magistrate, Supaul by which he has taken cognizance under 498. -A of the Indian Penal Code and sec. 3/4 of the Dowry Prohibition Act and ordered to issue summons against the four petitioners and accused Kamleshwari Yadav (not the petitioner here) for facing trial for both the offences.

(2.) HEARD both sides.

(3.) LEARNED Counsel for the petitioner submitted that the last act of cruelty according to the F.I.R. took place on 8.1.2001 and the cognizance has been taken after more than three years on 27.5.2004 and hence the cognizance is barred under sec. 468(1)(c) Cr.P.C.