IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10046 of 2010 1. MADHO LALL GURDA, SON OF LAE MOHAN LALL GURDA 2. PRAHLAD KUMAR GURDA, SON OF MADHO LALL GURDA 3. ACHUTE LALL GURDA, SON OF LATE MOHAN LALL GURDA 4. MUNNA @ VISHWANATH GURDA, SON OF ACHUTE LALL GURDA 5. KAMLESH KUMAR GURDA @ PANDITJEE, SON OF ACHUTE LALL GURDA 6. SRI NIWAS GURDA, SON OF NARSINGH LALL GURDA @ NANDAN GURDA 7. RAVINDRA GURDA, SON OF UPENDRA GURDA 8. BISHNU KUMAR GURDA @ VISHNU GURDA, SON OF UPENDRA GURDA 9. GANGA KUMARI @ GANGA DEVI AGNIWARIN, DAUGHTER OF MADHO LALL GURDA 10. RAVI DEVI @ RAVI DEVI GURDA, WIFE OF MADHO LALL GURDA 11. CHANDU DEVI, DAUGHTER OF ACHUTE LALL GURDA ALL R/O MOHALLAH DEO CHAURA, SURAJ KUND, P.S. CIVIL LINE, DISTT. GAYA ----- PETITIONERS. Versus STATE OF BIHAR ----------- 2. 03.12.2010 Heard the parties. The petitioners have sought quashing of the order dated 7.9.2009 passed by the Chief Judicial Magistrate, Gaya, in connection with Civil Lines P.S. Case No. 102 of 2004 dated 17.4.2004 under Sections 147, 148, 149, 323, 324, 447 and 379 of the Indian Penal Code. The counsel for the petitioners submits that the present case was instituted on 17.4.2004 but cognizance has been taken after more than five years i.e. on 7.9.2009 much beyond the limitation period without condoning the delay. Since a point of law has been raised, there is no need to issue notice to the Informant in the matter. Considering the submissions, this application is 2 allowed and the order dated 7.9.2009 passed by Chief Judicial Magistrate, Gaya, in G.R. No. 859 of 2004 arising out of Civil Lines P.S. Case No. 102 of 2004 is quashed. S.Ali ( Anjana Prakash, J.)