IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18577 of 2010 BIRENDRA NARAYAN SINGH, SON OF LATE MANGAL PRASAD SINGH, RESIDENT OF VILLAGE HARIPUR, P.S. SONBARSA, KATCHARI, DISTT. SAHARSA. ------ PETITIONER. Versus 1. THE STATE OF BIHAR 2. BHUSHAN YADAV, SON OF ASHARFI YADAV, RESIDENT OF VILLAGE AMARPUR, P.S. SONBARSA, KUTCHARI, DISTT. SAHARSA. ------- OPPOSITE PARTIES. ----------- 2. 03.02.2011 Heard the parties. The petitioner seeks quashing of the order dated 23.11.2009 passed by the Judicial Magistrate, Saharsa, in Complaint Case No. 436C of 2008 by which he has taken cognizance under Sections 379, 504, 341 and 323 of the Indian Penal Code much beyond the period of limitation. It has been submitted that the occurrence is of 16.5.2006 and when the matter was reported to the police, it ended in a final report which has been accepted whereafter the present Complaint was instituted upon which the cognizance was taken under Section 379/504 of the Indian Penal Code much beyond the period of limitation. Considering that a point of law has been raised, I see no reason to notice the Opposite Party No. 2 and proceed to quash the entire proceeding of Complaint Case No. 436C of 2008 on this ground alone. The application is allowed. S.Ali ( Anjana Prakash, J.)