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2004 DIGILAW 35 (PAT)

Sanjeev Kr. Mishra v. State

2004-01-09

INDU PRABHA SINGH

body2004
Judgment 1. Heard. 2. This application has been filed for quashing the entire criminal proceeding including the cognizance taken by the learned Chief Judicial Magistrate, Bhagalpur, in the P.S. Case No. 13 of 1993 (A). 3. Learned counsel for the petitioner has submitted that this case is barred by, limitation under section 468 of the Code of Criminal Procedure, in short, Code. It has further been submitted that the date of occurrence is 10.9.1992 and cognizance has been taken on 13.9.1993 and the maximum punishment in this case under Section 188 of the Indian Penal Code is imprisonment for six months, with fine. 4. It appears from the report that the complainant Subdivisional Magistrate, Bhagalpur, came to know about the occurrence on 31.8.1992 when a petition was filed by the opposite parties. A complaint case was filed by the Subdivisional Judicial Magistrate on 10.9.1992 and the court took cognizance against the petitioner by order dated 13.9.1993. The maximum sentence provided under Section 188 of the Indian Penal Code is imprisonment for six months with fine. The period of limitation is one year for offences in which the sentence is not exceeding R.I. for one year as per provision of section 468 Cr. P.C. The period of limitation was commenced from the date of knowledge of offence to the complainant under the provision of section 469 of the Code. 5. As such, taking cognizance for an offence which came to the knowledge of the complainant after one year under Section 188 I.P.C., suffers from limitation under the provision of section 468 of the Code. The period of limitation has been even condoned by the learned court below as provided under section 473 Cr. PC, as such, the order of cognizance is bad in law which is fit to be quashed. Accordingly, the order dated 13.9.1993 is hereby quashed and this petition is allowed.