SHYAM SUNDAR MASKARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application under Sec. 482 Cr. P.C. has been filed to quash the order of cognizance dated 30.7.2005 passed by C.J.M. Bhagalpur in G.R. Case No. 1618 of 2001 thereby and thereunder cognizance under Sections 39/44 of the Electricity Act has been taken against the petitioner.

(3.) IT is admitted position that maximum sentence provided under Sections 39 and 44 of the Indian Electricity Act. is three years with fine. Sec. 468(2)(c) Cr. PC. provides the limitation for the offences punishable with imprisonment for a term exceeding one year but not exceeding three years. The limitation is three years only. In this very case, the date of the search and seizure of the premises of the petitioner is 28.7.2001 whereas the cognizance has been taken in this case on 30.7.2005. Apparently, the cognizance has been taken after lapse of more than three years. Apart from it, the loss has also been compensated by the petitioner just after the alleged date of the raid. It is also important to mention here that the court below has taken cognizance without condoning the delay as provided under Sec. 473 of the Cr. P.C.