S. K. Agarwal ( 1 ) THIS revision petition under Section 397/401 of the Code of Criminal Procedure 1973 (for short, "criminal Procedure Code") is directed against the order dated 16th november, 1998, passeassed by the court of Metropolitan magistrate, holding that, prima facie, offence Under sections 341/323/34 IPC is made out in the case FIR No. 23/97 P. S. Chitranjan Park against the petitioners and framing of the formal notice under Section 251 Criminal Procedure Code on 26/11/1998. ( 2 ) FACTS in brief are : that on 10th January, 1997 at about 8:00 p. m. Sh. Himanshu Khurana lodged a report alleging that when he reached home, his father and brother-in-law (Jija) were going to the Police station. He went upstairs and sat down in his room after closing the door. At about 11. 15 p. m. his sister kamini Pahuja from Pitampura informed him on phone that smt. Krishna her sister-in-law (Bhabi) had abused her on phone in the manner which cannot be described; she was threatened that in case she and her husband Vinay pahuja do not mend their ways they would be killed. She was weeping. After 5-10 minutes, Smt. Veenu, daughter-in-law of Prem Dass Kalra telephoned him and started extending threats that he and his parents would be killed. The complainant became nervous and came down for going to the Police Station for his safety. At the gate Vipin Kalra and his two servants (including Chottu) surrounded him and gave him beating. Vipin Kalra gave a fist blow on his face and stomach, as a result of which his spectacles were broken and he suffered injuries. ( 3 ) CASE under Sections 506/323/34 was registered. On medical examination he was found having scratches over the left side of his cheek. Injuries were found to be simple. After completion of investigation, challan was filed on 23/03/1998. Arguments were heard and prima facie offence under Sections 341/323/34 IPC was held to be made out. This order has been challenged. I have heard learned counsel for the petitioner, learned app for the State and have been taken through the record. Injuries were found to be simple. After completion of investigation, challan was filed on 23/03/1998. Arguments were heard and prima facie offence under Sections 341/323/34 IPC was held to be made out. This order has been challenged. I have heard learned counsel for the petitioner, learned app for the State and have been taken through the record. ( 4 ) LEARNED counsel for the petitioners argued that as per the the allegations in the charge-sheet, no offence under Section 506 IPC was made out; that this section was deliberately added to fill up the lacunae in the prosecution case and to avoid the bar of limitation; charge-sheet was filed in a mechanical manner and the impugned order dated 1 6/11/1998 directing framing of notice under Sections 341/323/34 IPC is not sustainable as the same is barred by limitation. Learned counsel for the petitioner also argued that before the magistrate can be , said to have taken cognizance of an offence under Section 190 Criminal Procedure Code, it must be shown that he applied his mind to the contents of the challan for the purpose of proceeding in a particular. way, as indicated in the Code. Merely releasing the accused on bail and supplying him copies would not amount to taking cognizance. Reliance was placed on the decision in Legal Remembrancer Vs. Abani kumar AIR (37) 1950 Calcutta 437. ( 5 ) THE question which arises for consideration is whether in this case cognizance was taken within the period of limitation as prescribed under Section 468 criminal Procedure Code Section 468 Criminal Procedure Code creates a bar for taking of cognizance of the offence after lapse of the period of limitation prescribed in the section; clause (b) of sub-section (2)of this section provides the period of limitation as one year if the offence is punishable with imprisonment for a term not exceeding one year. Sub-Section (3) of Section 468 Criminal Procedure Code provides that limitation in relation to the offences being tried together shall be determined with reference to the offence which is punishable with more severe punishment. The offence under Section 323 IPC is punishable with imprisonment of either description for a term which may extend to one year or with fine which may extend to rs. 1,000. 00 or with both. The offence under Section 323 IPC is punishable with imprisonment of either description for a term which may extend to one year or with fine which may extend to rs. 1,000. 00 or with both. Thus, valid cognizance of the offence could be taken within the period of one year from the date of commission of offence. In this case, the offence was committed on 10/1/1997. Police submitted the charge-sheet on 23/3/1998, i. e. , after the expiry of period of one year. Prosecution also did not file any application for extension of the period of limitation under Section 473 Criminal Procedure Code. In view of the unexplained delay, cognizance could not be taken after the lapse of period of limitation. ( 6 ) FOR the foregoing reasons, the petition is allowed and. impugned order dated 16/11/1998 framing charge against the petitioner is hereby quashed.