IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33882 of 2008 Brajesh Nandan Singh, son of Late Rameshwar Prasad, Branch Manager, State Bank of India, Raxaul Branch, Raxaul, Dist. East Champaran – Petitioner. Vs. 1) The State of Bihar, 2) The Inspector, Weights ande Measures, Raxaul, District East Champaran – Opp. Parties 3 11.7.2011 Heard learned counsel for the parties. The petitioner is aggrieved by order taking cognizance, dated 23.3.2007 passed by the Subdivisional Judicial Magistrate, Raxaul at Motihari in Official Complaint No. 76/2007 / Trial No.2 714/2007/Trial No. 2455/2008. The offences alleged are that the State Bank of India being in possession of an instrument on Weights and Measures did not get it verified in an appropriate manner. The authorization to lodge the First Information Report was issued on 23.2.2006. However, it was instituted as late as on 23.2.2007. Learned counsel for the petitioner submits that the period of limitation would accordingly be covered by section 469 of the Code of Criminal Procedure wherein it is mentioned that the limitation would commence in relation to an offence on the day the offence or where commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which the offence comes to the knowledge of such persons or to any police officer whichever is earlier. The said offence came to the knowledge of the concerned authority on 23.2.2006, although it took a year for the concerned authority i.e. Inspector to institute the case. Cognizance 2 was taken within two months and thus the question of limitation would not arise in this case. The punishment for violation of section 24 described by section 47 of the Weights and Measures Act, 1985 indicates that he shall be punished with fine of Rs.500/- for the first offence and subsequently with imprisonment for a term which may extend to one year and fine also. In the present case the offence actually relates to the year 1985. The entire manner in which the Weights and Measures office has worked is rather slip shod. As such it would serve no purpose, if this court was to permit this proceeding to continue as the offence is minor one and obviously not motivated by any extraneous consideration. As such this court quashed the order of cognizance, dated 23.3.2007 subject to payment of cost of Rs.500/- in the court of the Subdivisional Judicial Magistrate, Raxaul within three months on receipt of copy of this order. This application is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)