Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 10028 of 2012 =================================================== Pravesh Kumar S/O Saryug Prasad R/O Vill-Bari Milky, Near Bus Stand, P.S.Rajgir, Distt-Nalanda .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 17.07.2012 The Petitioner seeks quashing of the order dated 07.07.2011 passed by the Chief Judicial Magistrate, Jamui in G.R. No. 1582/05 arising out of Chandramandi P.S. Case No. 90/2005 by which he has taken cognizance under [STATUTE] beyond the period of limitation without condoning the delay. It has been submitted that the First Information Report was instituted on 28.12.2008 but charge-sheet was submitted after much delay on 07.07.2011 on which basis cognizance was taken without condoning the delay as required under Section 473 Cr.P.C. Since a point of law has been advanced on behalf of the Petitioner, this Court does not feel it necessary notice the informant. However, it is made clear that the quashing of the criminal case for technical reason will not in any way affect any application filed by the informant under the Motor Vehicles Act. Patna High Court Cr.Misc. No.10028 of 2012 (3) dt.17-07-2012 2 With the aforesaid observations, the applications stands allowed and the order dated 07.07.2011 passed by the Chief Judicial Magistrate, Jamui in G.R. No. 1582/05 arising out of Chandramandi P.S. Case No. 90/2005 is, hereby, quashed. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.