BIJAY KUMAR TANDON Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. In the application filed under Section 482 of the Code of Criminal Procedure, the petitioners have challenged the order dated 21.4.1998 passed by the Judicial Magistrate, Patna. in G.R. No. 3282 of 1993 by which their application for dropping the case against them under Section 323 of the Indian Penal Code has been rejected. The grounds taken by the petitioners in the application is that the cognizance of the offence against the petitioners itself was barred by limitation under Sections 468 and 469 of the Code of Criminal Procedure.

(2.) The prosecution story, in brief is that the informant Santosh Kumar lodged a First Information Report on 23.7.1993 with the Officer -in -Charge of Pirbahore Police Station alleging therein that his brother was assaulted by the petitioners due to which he got bleeding injuries. On the basis of the First Information Report, Pi (sic) ore P.S. Case No. 196 of 1993 was registered under Sections 341, 323/34 of the Indian Penal Code. On 24.7.1996. the Chief Judicial Magistrate, Patna, took cognizance of the offence against the petitioner only under Section 323, IPC and the case was transferred to another Magistrate for trial. Pursuant to the processes issued by the Magistrate, the petitioner appeared and filed a petition on 2.2.1998 before the learned Magistrate for dropping the case against them as the occurrence took place on 23.7.1993 and cognizance was taken on 24.7.1996. i.e., after lapse of three years and, therefore, it is barred by limitation under Sections 468 and 469 of the Code. The learned Magistrate after hearing the parties on the aforesaid petition, rejected the same on the sole ground that since the cognizance was taken by the Chief Judicial Magistrate, she has no jurisdiction to pass order and drop the case.

(3.) I have heard Mr. N.K. Malhotra, learned Counsel appearing on behalf of the petitioners and Mr. Dilip Kumar Sinha, Addl. P.P. for the State.