IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25724 of 2008 1. CHANDRAIKA SINGH , SON OF RAM SWARUP SINGH 2. NAVAL KISHORE SINGH @ NAWAL SINGH 3. MADAN SINGH @ MADAN KUMAR SINGH 4. SUSHIL KUMAR SINGH 2 TO 4 ARE SONS OF CHANDRIKA SINGH, ALL RESIDENT OF VILLAGE JAYSINGHPUR, TOLA – CHIUTAHI, P.S. TURKAULIYA, DISTT. EAST CHAMPARAN. ----- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BINDALAL SINGH, SON OF LATE RAM PARIKHA SINGH ----- OPPOSITE PARTIES. ----------- 2. 05.05.2011 Heard the parties. The petitioners are aggrieved with the order dated 27.3.2008 passed by the Additional Sessions Judge, Fast Track Court No. IV, Motihari, in Cr. Revision No. 347 of 2007 by which it has affirmed the order dated 28.6.2007 passed by the Chief Judicial Magistrate, Motihari, in Case No. 215 of 2007 by which it has taken cognizance under Section 188 of the Indian Penal Code. It has been submitted that the date of occurrence was 20.6.2006 whereas the complaint was filed on 26.12.2006 and, thereafter, the cognizance was taken on 28.6.2007. Therefore, the cognizance is hopelessly barred by limitation. Considering the same, the application is allowed and the order dated 27.3.2008 passed by Additional Sessions Judge, Fast Track Court No. IV Motihari, in Cr. Revision No. 347 of 2007 as well as the order dated 28.6.2007 passed by the Chief Judicial Magistrate, Motihari, are hereby quashed. S.Ali ( Anjana Prakash, J.)