IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36026 of 2006 RANJIT PANDIT & ORS Versus STATE OF BIHAR & ANR ----------- 5 29.3.2010 The petitioners seek quashing of the order taking cognizance dated 20.6.2000 passed by the Chief Judicial Magistrate, Khagaria in G.R.No.972 of 1995 whereby he took cognizance of offence under sections 337 and 379 of the Penal Code and summoned the petitioners and others to face trial. The informant Sri Ram Pandit, a close relative of the petitioners, filed a case under sections 337, 379/34 of the Penal Code against the petitioners and others. After investigation, the police submitted final form in the year 1995. A protest petition was also filed by the informant. The learned Magistrate, however, by order dated 20.6.2000 took cognizance under sections 337, 379/34 of the Penal Code and summoned the petitioners to face trial. The petitioners submit that the order taking cognizance is barred by limitation in view of the provisions prescribed under section 468 Cr.P.C. The submission of the petitioners is well founded. The maximum punishment that any offence would carry is three years under section 379 of the Penal Code. The cognizance has been taken after 4 ½ years of filing of the F.I.R. in which in fact final report was submitted by the police. In such circumstances, I hold that the order taking cognizance dated 20.6.2000 is hit by the provision under section 2 KHAN 468(2) Cr.P.C. and is accordingly quashed. In the result, this application is allowed. (S.P.Singh,J)