IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42867 of 2008 Kedar Singh Versus State Of Bihar ---------------------------------- 3 14.10.2011 This application has been filed for quashing the order dated 18.1.2008 passed by Sub-Divisional Judicial Magistrate, Raxaul at Motihar whereby he took cognizance against the petitioner under section 414 IPC in Ramgarhwa P.S. Case No. 09/98. Heard counsel for the parties. Detail of the fact is not relevant in the case as legal point is only involved that is the point of limitation. However, a car recovered from co-accused Arjun Kuar, Jitendra and Santosh Giri was said stolen Car. This much happened on 24.2.1998. F.I.R. lodged, matter investigated by the I.O., first charge sheet submitted in the case in the year 2004, second one is supplementary is submitted on 28.8.2007. Order for issuance of summons is passed on 18.1.2008. Supplementary charge sheet is seen by the Sub-Divisional Judicial Magistrate on 26.11.2007. The submission of learned counsel for the petitioner is that the offence under section 414 IPC is punishable for imprisonment of three 2 years for which section 468 Cr.P.C. permits three years limitation for cognizance, admittedly original charge sheet is submitted in the court in the year 2004 and this supplementary in the year 2007, if limitation is taken from submission of first charge sheet then also that is beyond three years. There is provision of extension of period of limitation in certain cases in section 473 Cr.P.C. but something is mandatory while extending the period that is the proper explanation of delay laying facts and circumstances under which that occurred to the satisfaction of Magistrate taking cognizance which is lacking in the case. So finding the cognizance if it is from perusal of the first charge sheet in the year 2004 then also beyond the limitation of three years prescribed for the offence under section 414 IPC it is observed that cognizance is taken in the case after the period of limitation. In the above facts and circumstances, this application is allowed and impugned order dated 18.1.2008 including taking cognizance in the case is quashed. AI ( Mandhata Singh, J.)