IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23765 of 2000 HUKUMDEO NARAYAN YADAV, SON OF LATE RAJGIR YADAV, RESIDENT OF MOHALLA BENGALI TOLA, P.S. LAHERIASARAI, DISTRICT DARBHANGA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus THE STATE OF BIHAR ------------------------------------------------------------------------------------------- OPPOSITE PARTIES Advocates for the petitioner :- Mr. A.K. Sharan, Mr. S. Kumar, P.K. Sinha For the State :- Mr. Amarendra Prasad, A.P.P. ********* 6 18.1.2011 The petitioner has challenged the order dated 13.4.2000 by which the 1st Additional Sessions Judge, Darbhanga has rejected the revision filed against the order dated 31.3.1999. The Judicial Magistrate, 1st Class, Darbhanga had refused to discharge the petitioner for offence under Section 135 of the Representation of the People Act alleging therein that the petitioner was responsible for taking away the ballot papers from the booth in question. The ground raised on behalf of the petitioner is that since the date of occurrence is 12.6.1991 and cognizance has been taken on 25.4.1995, it is hit by Section 468 of the Code of Criminal Procedure. The Court below has referred to 2 Section 470(4)(b) of the Code of Criminal Procedure which provides that the period during which the accused has absented himself will be excluded for the purposes of calculating the four years. The petitioner was apprehended in this case on 28.1.1995 as per the records of this case and as such the argument raised by the petitioner has been rejected by the Court below. In the result, I find no illegality in the orders impugned. This application is thus, dismissed. Sanjay ( Sheema Ali Khan, J.)