High Court Patna High Court - Orders

Sanjay Singh @ Sanjay Kumar vs State Of Bihar on 10 December, 2010

Patna High Court – Orders
Sanjay Singh @ Sanjay Kumar vs State Of Bihar on 10 December, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.12788 of 2010
SANJAY SINGH @ SANJAY KUMAR S/O SHIVCHANDRA SINGH R/O VILLAGE- BIHAT,
P.S. BRAUNI, DISTRICT- BEGUSARAI
                                                   .................Petitioner
                                  Versus
THE STATE OF BIHAR                             .................. Oppt. Party
                                 -----------

2. 10.12.2010 Heard the parties.

The petitioner has sought quashing of the order

dated 11.4.2008 passed by S.D.J.M., Begusarai in Barauni

P.S. Case No. 404/04, G.R. No. 3049/04, by which he has

taken cognizance under Section 7 of the E.C. Act.

It has been submitted that even though the case

was instituted on 19.12.2004 for an occurrence which took

place on same day but cognizance was taken only on

11.4.2008, which was much beyond the period of

limitation.

Considering the same, this application is

allowed and the order dated 11.4.2008 passed by S.D.J.M.,

Begusarai in Barauni P.S. Case No. 404/04, G.R. No.

3049/04, is quashed.

       Fahad.                                 ( Anjana Prakash, J. )