IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21562 of 2009 1. Mahanand Jha, Son of Late Kedar Jha 2. Umesh Jha 3. Lalit Jha @ Lalit Kumar Jha 4. Anil Jha @ Anil Kumar Jha 5. Ramayan Jha 2 to 5 are sons of Late Gunand Jha 6. Deepak Jha, son of Umesh Jha All are resident of village Rudauli, P.S. Bachhwara, Distt. Begusarai. Versus ------ Petitioners. 1. The State Of Bihar 2. Ram Shanker Jha, Son on Late Ram Charitra Jha, resident of village Rudauli, P.S. Bachhwara, Distt. Begusarai. ----- Opposite Parties. ----------- 2. 28.06.2011 Heard the parties. The petitioners have sought quashing of the order dated 19.2.2009 passed in Complaint Case No. 1250C of 2005 by which it has taken cognizance under Section 323 and 341 of the Indian Penal Code by which the Judicial Magistrate, 1st Class, Begusarai has taken cognizance under Section 323 and 341 of the Indian Penal Code. It is submitted that the present complaint was filed on 13.7.2005 whereas the cognizance was taken on 19.2.2009 for the offence under Section 323 and 341 of the Indian Penal Code which prescribed punishment for a period of one year. Considering that point of law has been raised, there is no necessity of notice to the Complainant. In view of such, the application is allowed and the order dated 19.2.2009 passed in connection with 2 Complaint Case No. 1250C of 2005 by the Judicial Magistrate, 1st Class, Begusarai, is hereby quashed. S.Ali ( Anjana Prakash, J.)