IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52342 of 2007 RAMA SHANKAR PRASAD, SON OF MOUJI LAL AT PRESENT ASSISTANT JAILOR MANDAL KARA, JAMSHEDPUR, JHARKHAND. ………………………………………………………………..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BHAGWATI PRASAD, SON OF LATE BILAT SAW, KARA SAMBEDAK, RESIDENT OF MUHALLA-MOCHI TOLA, SASARAM, POLICE STATION-SASARAM, DISTRICT-ROHTAS. ………………………………………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Narendra Kumar, Advocate. For the State : Dr. Mayanand Jha, A.P.P. For O.P. No.2 : M/s. Ramchandra Singh & Ravi Ranjan-I, Advocates. ----------- 3. 5.2.2009. The primary point raised by the learned counsel for the petitioner is that for the occurrence taking place on 21.4.1997, the complaint was filed on 21.4.2004 which is beyond the period of limitation prescribed under Section 468 Cr.P.C. The Full Bench of this Court in the case Ram Kripal Prasad Vs. The State of Bihar, 1985 PLJR 271 has observed as follows: The issue of limitation is a question which needs to be raised and determined at the earliest stage before the Trial Court, since the question of limitation is a matter for consideration, computation and adjudication by it alone and where such a plea is raised it ought to be adjudicated upon as a preliminary issue. It was also held that the disputed issue of limitation cannot be properly raised directly in the High Court for the quashing of the proceeding under Section 482 Cr.P.C. - 2 - In that vies of the matter, the petitioner is directed to move the court below on the point of complaint being barred by limitation and in the event such application is filed, the court below in seisin of the case will act in accordance with the Full Bench decision of this Court and dispose of the application in accordance with law. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)