CRIMINAL MISCELLANEOUS No.20120 OF 2006 In the matter of an application under Section 482 of the Code of Criminal Procedure. NAGENDRA KUMAR @ NAGENDRA KUMAR SINGH, son of Sri Ramashray Prasasd Singh, resident of Mohalla – Chandani Chowk, P.S. – Sheikhpura, District – Sheikhpura. ------------------Petitioner. Versus THE STATE OF BIHAR ---------------Opposite Party. For the petitioner : Mr. Indu Bhushan, Adv. For the State : Mr. Amarendra Prasad, APP P R E S E N T THE HON'BLE MR. JUSTICE AKHILESH CHANDRA ******* Akhilesh Chandra, J. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This is an application seeking quashing of order dated 02.06.2003 passed in Sheikhpura P.S. Case No. 142/2000 passed by A.C.J.M. Sheikhpura, taking cognizance for the offences under section 379 of the Indian Penal Code and 39 and 44 of the Indian Electricity Act 1910. 3. Admittedly, the case was instituted on 19.05.2000 i.e. the date of occurrence and charge sheet was submitted on 07.04.2003. The court below after endorsing submission of the same fixed 02.06.2003 for orders on perusal and accordingly took cognizance. The main ground of assailing the order is the same being barred by limitation as under law within three years of the offence cognizance must have been taken. In reply, it is pointed out by learned Additional Public Prosecutor that in fact the delay was caused at the hands of the petitioner who remained absconding and ultimately after 2 exhausting all processes, the police charge sheet showing him absconder. Further, it is submitted that majority of the time has been consumed at the instance of the petitioner who under law if wants to raise question of limitation first he is to raise the same before the court below. 4. After some more argument, learned counsel for the petitioner submits that petitioner is ready to deposit the amount claimed with the Electricity Board and seeks further liberty to agitate his points before the court below after deposit of the amount so claimed. 5. In view of the above, the petitioner’s prayer is accepted and this application stands disposed of with the liberty as prayed. Patna High Court Date : The 16th September 2010 Rajeev/ (Akhilesh Chandra, J.)