IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11730 of 2009 SUSHREE KUMARI MAYAWATI, NATIONAL PRESIDENT, BAHUJAN SAMAJ PARTY AND CHIEF MINISTER,UTTAR PRADESH ………..PETITIONER. Versus STATE OF BIHAR ………OPP. PARTY. ----------- 2. 22.5.2009 Nawanagar P.S.case No.132 of 2005 which relates to G.R.No.1533 of 2005 was instituted against the petitioner under Section 171(F), 188 of the I.P.C. and under Section 9 of the Bihar Control of the use and play of loudspeakers Act, 1955. An F.I.R. was lodged by the Officer-Incharge that on 13.10.2005 though permission was granted to the political party to hold a public meeting in question between 12.00 P.M. to 3.00 P.M., it is alleged that the public meeting was addressed by the petitioner at 3.10 P.M. This according to the informant, constituted the above noted offences. Cognizance in the matter came to be taken by the learned Chief Judicial Magistrate, Buxar vide order dated 5.8.2008 and the matter has been sent to the Judicial Magistrate, Ist Class Buxar for trial. A very limited and pointed submission in law has been made on behalf of the petitioner. Submission is that the order taking cognizance is barred and hit by Section 468 of the Code of Criminal Procedure. As per the allegations and for the offences, the maximum punishment in the matter is one year imprisonment or less then one year coupled with fine. The period prescribed for taking cognizance for such offence under Section 468 is one year. In the present case the F.I.R. was 2 lodged on 13.10.2005, but the cognizance has been taken on 5.8.2008 almost more than two and half years. This according to the petitioner is a good ground for quashing the proceeding against the petitioner. Learned A.P.P. submits that the cognizance has been taken of the complaint and the allegation and there is no legal infirmity in the said order. This court after going through the impugned order comes to a considered opinion that on the face of it the cognizance has been taken after more than the prescribed period under Section 468 of the Code of Criminal Procedure. Further the learned Magistrate has not provided any reason as to why the limitation has been condoned in the matter. In absence of the same and in view of the categorical provision under Section 468 of the Cr.P.C., the order taking cognizance dated 5.8.2008 passed in Nawanagar P.S.case No.132 of 2005, pending in the court of Sri K.M.Tiwary, J.M.Ist class, Buxar in relation to G.R.No.1533 of 2005 is fit to be quashed and is quashed. The application stands allowed for the reason above. Narendra/ ( Ajay Kumar Tripathi, J. )