IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54176 of 2007 1. SADAN SINGH @ SADAN KUMAR, S/o Shiv Jatan Singh 2. Pappu Singh, S/o Sadan Singh 3. Ram Pravesh Singh, S/o Late Inderdev Singh 4. Karu Singh, S/o Late Lakhan Singh 5. Ravi Singh, S/o Mukho Singh 6. Bipin Singh, S/o Ram Shevek Singh 7. Abhay Singh, S/o Anandi Singh, All residents of village Nimi, P.S. Sheikhpura Saray, District Sheikhpura …… Petitioners Versus STATE OF BIHAR ………….. Opp. Party ----------- 2 19.2.2009 Heard Mr. Ranjan Kumar Singh, learned counsel for the petitioners and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State. The petitioners who are the second party in a proceeding under section 144 Cr.P.C. being Case No. 222M of 2005 are aggrieved by order dated 8.12.2006 passed by the learned Chief Judicial Magistrate, Sheikhpura in Case No. 57c2 of 2006, whereby cognizance under section 427 IPC has been taken on the basis of a prosecution report sent by the Sub Divisional Officer, Lakhisarai on 28.11.2006. The submission on behalf of the petitioners is that the order taking cognizance is apparently illegal and unwarranted since the same is barred by limitation as section 427 IPC provides for a punishment for a term which may extend to two years or with fine or with both. In the Full Bench decision of this court in the case of Ram Kripal Prasad Vs. State of Bihar (1985 PLJR 271) it has been held that the issue of limitation is a question which needs to be raised and - 2 - 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. In that view of the matter the petitioners will be well advised to move the trial court and seek relief before that court in view of the Full Bench decision of this court referred to above. With the aforesaid observation this application is disposed of. Spd/- (Abhijit Sinha, J.)