GHANSHYAM PRASAD
Basdeo Bhagat – Appellant
Versus
State Of Bihar – Respondent
1. Heard the iearned counsel for the petitioners and the counsel appearing for the state. No one appears on behalf of the O.P. No, 2 in spite of valid service of notice.
2. This application u/s 482 of the Cr.P.C. has been filed to quash the order dated 28.12.2006 passed by Chief Judicial Magistrate, Banka in Dhoraiya P.S. Case No. 93/99 (G.R. Banka in Dhoraiya P.S. Case No. 93/99 (G.R. No. 1373/99) thereby cognizance under Sections 341, 323, 324, 504 and 34 of the Indian Penal Code has been taken against the petitioners.
3. The short submission of the learned counsel for the petitioners is that cognizance is barred by limitation under Section 468(2)(c) of the Cr.P.C. It is submitted that the maximum punishment provided under Section 324 of the I.P.C. is three years and in other Sections the punishment is less than three years. As per 468(2)(c) of the Cr.P.C. the limitation for taking cognizance is only three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. It is further submitted that the police after investigation submitted charge-sheet after seven years of the institution of the case and accordingly, cogniza
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