Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 34825 of 2012 =================================================== Devanand Mishra, Son of Sri Murlidhar Mishra, Resident of Mohalla-Daulatpur Bhagwati Asthan, P.S.-Jamalpur, District- Munger. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Ramdeo Sao, Son of Ganja Sao, Resident of Mohalla- Daultapur Bhagwati Asthan, P.S.-Jamalpur, District- Munger. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 07.12.2012 The Petitioner seeks quashing of entire proceeding including the order dated 08.05.2012 passed in Cr. Rev. No. 253 of 2011 by the Sessions Judge, Munger by which he has affirmed the order dated 06.09.2011 passed by the Judicial Magistrate, 1st Class, Munger in G.R. Case No. 424/96 arising out of Jamalpur P.S. Case No. 26/96 by which he has refused an application of the Petitioner raising objection that the order dated 29.08.2005 by which cognizance was taken beyond limitation was bad. It has been submitted that the First Information Report was instituted on 14.03.1996 whereafter cognizance was taken on 29.08.2004 under [STATUTE] without condoning the delay as required under Section 468 Cr.P.C. Considering that a legal point has been raised, Patna High Court Cr.Misc. No.34825 of 2012 (2) dt.07-12-2012 2 the application is allowed and the entire proceeding including the orders dated 08.05.2012 passed in Cr. Rev. No. 253 of 2011 by the Sessions Judge, Munger and the order dated 06.09.2011 passed by the Judicial Magistrate, 1st Class, Munger in G.R. Case No. 424/96 arising out of Jamalpur P.S. Case No. 26/96 are, hereby, set aside. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.