IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13602 of 2010 1. SATYENDRA MAHTO SON OF SUKHU MAHTO. 2. RABINDRA MAHTO,SON OF SUKHU MAHTO. 3. ASHOK MAHTO SON OF LATE YOGENDRA MAHTO. 4. DEVENDRA MAHTO SON OF SUKHU MAHTO. 5. SUKHU MAHTO SON OF LATE DAHU MAHTO. 6. JANKI MAHTO SON OF LATE RAUDI MAHTO. 7. DIPU MAHTO SON OF RABINDRA MAHTO ALL RESIDENT OF VILLAGE –BHOBHI, POLICE STATION- NAGAARNAUSA, DISTT.- NALANDA. VERSUS 1. STATE OF BIHAR 2. SUNITA DEVI, WIFE OF ARBIND KUMAR, RESIDENT OF VILLAGEW –BHOBHI, POLICE STATION, NAGARNAUGA, DISTRICT- NALANDA. ----------- 2 13.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 20.2.2010 passed by the learned A.D.J. IIIrd Hilsa, Nalanda in Complaint Case no.O1C of 2004 by which he has upheld the order of cognizance dated 13.01.2009 passed by S.D.J.M, Nalanda under Sections 147,323,379,427.443 and 504 of the I.P.C. It has been submitted that the occurrence took place on 28.12.2003 and the complaint was lodged on 2.1.04 which was kept pending for inquiry and thereafter cognizance was finally taken on 13.01.2009 much beyond the period of limitation. Considering that point of law has been raised, there is no necessity for noticing the complainant in view of the submission made above. 2 This application is allowed and the entire proceeding of complaint Case No.O1C of 2004 pending before S.D.J.M, Hilsa at Nalanda is hereby set aside. The application stands allowed. Namita ( Anjana Prakash, J.)