ASHWANI KUMAR SINGH, J.

Heard Mr. Surendra Kishore Thakur, learned counsel for the petitioners, Mr. Jharkhandi Upadhyay, learned counsel for the State and Mr. Binod Kumar, learned counsel for the Opposite Party No. 2.

2. By the present application under Section 482 of the Code of Criminal Procedure (For short ‘the Code’), the petitioners seek quashing of the order dated 04.06.2014 passed by the learned Judicial Magistrate-1st Class, Patna in connection with Gardanibagh P.S. Case No. 171/2009 whereby cognizance has been taken for the offence punishable under Section 323 of the Indian Penal Code.

3. Mr. Surendra Kishore Thakur, learned counsel for the petitioners has submitted that the impugned order taking cognizance of the offence is bad in law as the court has taken cognizance of the offence after expiry of the period of limitation prescribed under Section 468(2)(b) of the Code. He has submitted that the alleged occurrence took place on 30th September, 2009 for which Gardanibagh P.S. Case No. 171 of 2009 was registered under Sections 147, 148, 149, 323, 307, 379 of the Indian Penal Code (For short ‘IPC’) and 27 of the Arms Act on the same day.

4. Mr. Thakur would submit that