Prem Shanker Sahay, J.

This application is directed against the order dated 26.4.75 taking cognizance against the petitioners under section 323 of the Indian Penal code.

2. On 8.6.72 one Yugal Kishore sharaff lodged a first information report against the petitioners alleging offence under section 323 I.P.C. and after investigation charge sheet was submitted on 26.4.75 and on the same date the learned Magistrate took cognizance against the petitioners and after that on 28.6.75 processes were issued against them. Being aggrived by the aforesaid order taking cognizance, the petitioners have moved this court for quashing.

3. This case was earlier placed before a learned single Judge who has referred it to a Division Bench. At the time of argument the learned counsel appearing on behalf of the petitioners has not raised all those points which were raised by him before the learned single Judge and has raised only one point namely, that the cognizance taken against the petitioners is barred by section 468 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). In this connection he has submitted that the occurrence took place on 8.6.72 and the cognizance was ta