IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18657 of 2009 1. Harihar Sah @ Harihar Prasad Son of Late Kisun Sah 2. Sheojee Sah 3. Om Prakash Sah, both sons of Harihar Sah 4. Lakshman Sah @ Rakesh Kumar, S/o Sheojee Sah 5. Seema Kumari D/o Sheoji Sah, All resident of village Prasauni Khas, P.O. Manbodh Parsauni, P.S. Uchkagaon, District Gopalganj …… Petitioners Versus 1. The State of Bihar 2. Arya Singh, Son of Late Deodhari Singh, Resident of Village Prasauni Khas, P.O. Manbodh Parsauni, P.S. Uchkagaon, District Gopalganj ….. Opposite parties ----------- 2. 23.6.2011 The petitioners have sought quashing of the order dated 19.1.2009 passed by the Chief Judicial Magistrate, Gopalganj in Uchkagaon P.S. case No.135 of 2005, by which it has taken cognizance in the matter as also the order dated 22.4.2009, by which the Sessions Judge, Gopalganj in Criminal Revision No.79 of 2009 has affirmed the said order. The Counsel for the petitioners contends that the occurrence is said to have taken place on 26.9.2005, for which a First Information Report was instituted on 1.10.2005. Thereafter, charge sheet was submitted on 14.1.2006 and the matter remained pending for cognizance, which was finally taken on 19.1.2009 u/s.379 I.P.C. much beyond the period of limitation without condoning the delay. Considering that a point of law raised on behalf of - 2 - the petitioners, this Court does not find it necessary to notice the first informant and on this point alone allows the application and quash the entire proceeding against the petitioners including the order dated 19.1.2009 passed by the Chief Judicial Magistrate, Gopalganj in Uchkagaon P.S. case No.135 of 2005 and order dated 22.4.2009 passed by the Sessions Judge, Gopalganj in Criminal Revision No.79 of 2009. Narendra/ ( Anjana Prakash, J. )