IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24393 of 2009 1. AKBAR RAZA son of Ahmad Raza Soz & 2. Jitendra Kumar son of Maheshwar Prasad Rai, both are resident of Mohalla- Kashipur, P.S. and District- Samastipur. ….Petitioners Versus THE STATE OF BIHAR …OP ----------- 2/ 29.09.2010 Heard the parties. The petitioners seek quashing of the order dated 31.3.2009 passed by the Judicial Magistrate, Samastipur, in T.R. No.39 of 2009 arising out of Samstipur Town P.S. case no.256 of 2004, by which the petitioners’ petition under section 468 Cr. P.C. was rejected. The fact of the case is that on 17.5.2004 some 200 students committed certain excesses on account of their grievance with the college authorities. Chargesheet was submitted after investigation on 27.9.2007 and cognizance was taken on the same day without condoning the delay. Considering the facts of the case and that cognizance was taken beyond the period of limitation, this application is allowed and the entire proceeding in Samastipur Town P.S. case no.256 of 2004 pending in the court of the Judicial Magistrate, 2nd class, Samastipur, is hereby set aside. The application stands allowed. JA/- (Anjana Prakash, J.)