KANTI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both sides.

(2.) THE two petitions arise out of Complaint Case No. 498 of 2004 and seek same relief of quashing the order of taking cognizance and summoning dated 26.2.2007 in the above noted complaint case which was passed by Sri Ramayan Ram, Judicial Magistrate, Bikramganj, Rohtas. By the impugned order the two petitioners one each in the two petitions have been summoned to stand their trial for committing, allegedly, an offence under Section 5 of the Child Marriage Restraint Act. The two petitioners have been heard together and are being disposed of by this common order. Sri Krishna Pd. Singh appears on behalf of the petitioner Smt. Kanti Singh, while Sri K.B. Nath appears on behalf of the petitioner Bhaglu Rajak, Mr. Ansuman appears on benalf of the O.P. No. 2, Sri Ramchandra Singh appears on behalf of the State.

(3.) THE learned counsel appearing for the petitioners has placed reliance upon Krishna Pillai vs. T.A. Rajendran and another reported in 1990(Supp) Supreme Court Cases 121 and has submitted that in the light of the above noted case decided by the Apex Court the order of summoning and cognizance was hopelessly time barred. Sri Pandey appearing on behalf of the Opposite Party, on the other hand, has placed reliance on 1987 Criminal Law Journal 1765 to submit that the very day the learned Magistrate applied his mind to the facts of the complaint petition and decided that the allegations required to be enquired into, the cognizance had already been taken and as such there could not be any such argument available to the petitioners had been made.