IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39529 of 2008 1. Pawan Jha @ Pawan Kumar Jha. 2. Suman Jha @ Suman Kumar Jha. Both sons of Phool Jha @ Fulkant Jha, resident of Village + P.S. Bangaon, Distt. Saharsa. Versus The State Of Bihar ----------- 2 22.07.2011 This application has been filed against the order dated 05.12.2006 passed by the Chief Judicial Magistrate, Saharsa and the order passed in Criminal Revision No. 341 of 2006 passed by the Ist Additional Sessions Judge, Saharsa. The facts are that due to violation of order passed under Section 188 of the Criminal Procedure Code, a complaint was filed by the first party. The case was registered on 28.07.2006 when the Court called for the Lower Court records. Lower Court records could not be received till 05.12.2006 and therefore, cognizance was taken. The issue raised by the petitioner is that the proceeding is barred under Section 468 of the Criminal Procedure Code. The Revisional Court while considering the order of cognizance has come to the conclusion that the Court had rightly condoned the delay as the matter had remained pending due to non-production of the Lower Court records and as such this case would be covered under the provisions of Section 470 of the Criminal 2 Procedure Code. I see no illegality in the reasonings in the order and thus this application is dismissed. Md. Ibrarul ( Sheema Ali Khan, J.)