Case Facts:
Patna High Court Cr.Misc. No.16474 of 2011 (04) dt.08-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16474 of 2011 ====================================================== Shashank Shekhar Sinha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 04 08-10-2012 This is an application for quashing the order dated 29.9.2010 passed by learned Chief Judicial Magistrate, Patna in Trial No.2483 of 2010 arising out of Traffic Police Case No.28 of 2009 under [STATUTE] . Heard learned counsel for the petitioner and learned counsel for the State. Allegation is that petitioner dashed the informant’s motorcycle, which caused injury to him and his cousin Ajhar Alam. [STATUTE] . are made applicable. Submission of learned counsel for the petitioner is that [STATUTE] . is not made out then [STATUTE] . remains applicable, for which limitation for cognizance is one year only as both the offences are punishable with maximum punishment of six months and fine. Charge sheet is submitted in the case on 18.6.2010, incident took place on 15.01.2009, certainly after a year. If charge sheet is seen on the same day then also that is the day of cognizance. It is to be verified by the trial Court if any of the injuries of the victim is grievous in case that is answered in negative then cognizance is time barred. This much will be decided by the trial Court at the earliest positively within a period of three months latest by the date of hearing of the case on charge matter or explaining accusation. Accordingly, this quashing application is disposed of. Vikash/ N.A.F.R. (Mandhata Singh, J) Patna High Court Cr.Misc. No.16474 of 2011 (04) dt.08-10-2012

Applicable IPC Section: 279

Statute Text:
Section 279 of the Indian Penal Code. Driving or riding on a public way so rashly or negligently as to endanger human life, etc. Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.