High Court Patna High Court

Ajay Kumar vs State Of Bihar on 11 August, 2010

Patna High Court
Ajay Kumar vs State Of Bihar on 11 August, 2010
Author: Rakesh Kumar
                    CRIMINAL MISCELLANEOUS No.407 OF 2001
                                           ------

In the matter of an application under section 482 of
the code of Criminal Procedure.

——-

AJAY KUMAR son of late Sri Deonarayan Prasad
resident of Mohalla-Gosaibagh, Gaya, Dist.-Gaya
……. …….Petitioner
Versus
STATE OF BIHAR …… …..Opp.Party

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For the petitioner : Dr.Arun Kumar-2
For the State: Mrs. Indu Bala Pandey, A.P.P.

——

PRESENT
THE HON’BLE MR. JUSTICE RAKESH KUMAR

———

Rakesh Kumar,J. The sole petitioner, while invoking inherent

jurisdiction of this court under section 482 of the Code of Criminal

Procedure, has prayed for quashing of an order dated

23.10.2000/4.11.2000 passed by learned Chief Judicial Magistrate,

Gaya in Civil Line P.S. case No.260 of 1992. By the said order,

the learned Magistrate has taken cognizance of the offences under

sections 49(2)(G), 49(3)(A) and 49(3)(D) of the Bihar Finance

Act, 1981 and section 10 of the Central Sales Tax Act and directed

to issue notice against the petitioner.

2. In this case learned counsel for the petitioner has

confined his argument on the point of delay in filing of the first

information report as well as passing of the order of cognizance

after expiry of period of limitation. In the present case first

information report was drawn on 27.10.1992 vide Gaya Civil Line

P.S. Case No.260 of 1992, annexure-2 to the petition, which

shows that period of occurrence was in between 1.1.1988 to

31.3.1989. After registering first information report, to the reasons
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best known to the investigating officer, charge sheet was

submitted on 30.6.2000 i.e. after about eight years from the date of

registration of the first information report and, thereafter, the

learned Chief Judicial Magistrate by its order dated

23.10.2000/4.11.2000 took cognizance of the offence. Even order

of cognizance was passed after few months from the date of filing

of the charge sheet by the police. Against the order of cognizance,

the petitioner approached this court by filing the present petition

which was admitted finally on 4.3.2002 and, while admitting the

petition, it was directed that pending final hearing, interim order

passed on 13.11.2001 shall remain operative and order of stay is

still continuing.

3. Obviously, in the present case even first

information report was lodged after the period of limitation as

prescribed under section 468(2)(C) of the Code of Criminal

Procedure. It was submitted by learned counsel for the petitioner

that for the offences alleged in the present case maximum

punishment prescribes under the Act is three years imprisonment

and, as such, period of limitation would be three years as

prescribed under section 468(2)( C) of the Code of Criminal

Procedure. This section provides limitation of taking cognizance

of the offence. However, in the present case, first information

report itself was lodged after expiry of period of limitation and

order of cognizance was passed after eleven years from the date of

alleged occurrence. In view of the aforesaid fact, without going

into the merit of the case, this court is of the opinion that no
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purpose would be served in directing the petitioner to participate

in the proceeding for the offences which had taken place about

twenty one years ago, that too, in a case where first information

report itself was lodged after the period of limitation for taking

cognizance. The court is of the opinion that it is a fit case for

exercising inherent jurisdiction in favour of the petitioner.

4. Accordingly, the order of cognizance dated

23.10.200/4.11.2000 passed by learned Chief Judicial Magistrate,

Gaya in Civil Line P.S. Case No.260 of 1992 is hereby set aside

and the petition stands allowed.

Patna High Court                                  (Rakesh Kumar, J.)
The 11th August,2010
Md.S./NAFR