IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9322 of 2010 DR. RAJ NARAYAN SETH, SON OF LATE LAXMI NARAYAN SETH, RESIDENT OF HIGHTECH REGENCY APARTMENT, RAI JI KI GALI, POLICE STATION – BUDDHA COLONY, DISTT. PATNA. ---- PETITIONER. Versus 1. THE STATE OF BIHAR 2. ANIL KUMAR PANDEY, SON OF C.P. PANDEY, RESIDENT OF SHIV SHAKTI HOSPITAL, EAST BORING CANAL ROAD, BUDHA COLONY, P.S. DISTT. PATNA. ------ OPPOSITE PARTIES. ----------- 2. 02.12.2010 Heard the parties. It has been submitted that the order of cognizance dated 12.9.2008 passed by Chief Judicial Magistrate, Patna, in Traffic P.S. Case No. 112 of 2004 under Sections 279 and 427 of the Indian Penal Code is beyond the period of limitation. The counsel for the petitioner contends that the date of occurrence is said to be 17.5.2004 for which a case was instituted on 15.7.2004 and charge sheet was submitted on 29.8.2008 whereafter the order of cognizance was passed on 12.9.2008. He further contends that under Section 279 the maximum punishment is six months whereas under Section 427 is two years and, therefore, the order of cognizance is barred by limitation specially in view of the fact that no express order has been passed condoning the period of limitation. In view of such, the application is allowed and the order dated 12.9.2008 passed in Traffic P.S. Case No. 112 of 2004 by Judicial Magistrate, 1st Class, Patna, is quashed. S.Ali ( Anjana Prakash, J.)