SANDEEP KUMAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 4th August, 2007 passed in Kotwali P.S. Case No. 492 of 2002/G.R. No. 1662 of 2002. rejecting the petition of the petitioners -accused filed under Sections 468 and 469 of the Cr.P. C. by Sri Shiva Nand, Judicial Magistrate, Munger, for discharge on the ground of limitation.

(2.) LEARNED counsel for the petitioners submits that Shiv Prakash Mandal filed a petition of complaint on 16th September, 2002 for the occurrence of the date 15th September, 2002. The said petition of complaint was sent to the police station and there a case was registered under Sections 448 and 323 of the Indian Penal Code on 9th October, 2002. After investigation charge - sheet was submitted under sections 448 and 323 of the Indian Penal Code on 31st January, 2004 and cognizance was taken on 7.2.2004. Learned counsel submits that the offence under Sections 323. and 448 of the Indian Penal Code is punishable for one year for which limitation of taking cognizance as per Section 468 of the Cr.P.C. is one year. As such, he submits that cognizance in the present case has been taken after expiry of limitation of one year and prays for quashing the impugned order of the learned Magistrate. In view of the submissions made, the order of taking cognizance is hit by law of limitation and hence the miscellaneous case is fit to be allowed.

(3.) IN the result, the miscellaneous case is allowed and the order impugned is quashed and the petitioners -accused are hereby discharged.