IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4854 of 2009 V.K.Srivastava @ Vijay Kumar Srivastava, S/O-Late Baidyanath Lal, R/O-4A, Macdonal Road, P.S.-Sachivalaya Thana, District-Patna, General Manager, Bharat Sanchar Nigam Limited, M.G. Road, Bhagalpur, presently posted as General Manager, Office of the Chief General Manager Telecom, Bihar Circle, Patna ………Petitioner Versus Union of India through Labour Enforcement Officer (Central), Patna-11/In charge of Bhagalpur ………Opposite Party. ----------- For the Petitioner :-Sri J.P.Karn (Sr. Adv.) Sri Siddhartha Prasad (Adv.) For Union of India :-Binay Kr. Pandey (CGC) 06 09.08.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for Union of India. This petition has been preferred under Section 482 of the Cr.P.C. against order dated 29.05.2008 passed in Case No. P.S. 49 of 2008 by the Chief Judicial Magistrate, Bhagalpur by which and whereunder he took cognizance under Section 10 of Equal Remuneration Act, 1976 on the basis of prosecution report submitted by Labour Enforcement Officer. The petitioner has challenged the impugned order on the ground that the maximum punishment under Section 10 of Equal Remuneration Act, 1976 is only up to one year or with fine up to 20,000/- Rs. and the period for taking cognizance of the aforesaid offence is only up to one year from the date of occurrence or from the date of knowledge. Learned counsel for the petitioner submits that it is admitted case of the prosecution that the alleged occurrence took place on 22.05.2007 but the prosecution report was submitted on 29.05.2008 2 and the Chief Judicial Magistrate, Bhagalpur passed the impugned cognizance order on the above stated date that is on 29.05.2008. It is further contended by him that cognizance order has been passed beyond the period of limitation as prescribed under Section 468 of the Cr. P.C. Learned counsel appearing for Union of India though supported the impugned order but he could not succeed to controvert the above stated submission of learned counsel for the petitioner. In view of the aforesaid submission as well as facts and circumstances of the case, the cognizance order dated 29.05.2008 passed by learned Chief Judicial Magistrate, Bhagalpur in Case No. P.S. 49 of 2008 stands quashed. Accordingly, this petition stands disposed of. SHAHZAD ( Hemant Kumar Srivastava, J.)