RANDHIR BAHADUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the Order dated, 7th July, 2005 passed by the Chief Judicial Magistrate, Purnea in Purnea Sadar RS. No. 136 of 1997, G.R. No. 1076 of 1997 taking cognizance of the offence under Sections 341, 342, 323, 324, 447/34 of the Indian Penal Code.

(2.) LEARNED lawyer for the Petitioners attacked the impugned Order on the ground of limitation. He submits that the occurrence is said to have taken place on 29th April, 1997 whereas cognizance of the offence was taken on 7th July, 2005 i.e. after more than eight years of the date of occurrence. He submits that the section under which the cognizance has been taken is punishable to the maximum period of three years for which the limitation under Section 468 of the Code of Criminal Procedure has been prescribed for three years. He, therefore, submits that cognizance of the offence in the present case has been taken after expiry of the period of limitation and hence, the impugned Order be quashed.

(3.) SECTION 468 of the Code of Criminal Procedure lays down: Bar to taking cognizance after lapse of the period of limitation. -