IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10238 of 2008 JAGDISH PRASAD KESHARI, SON OF JAWAHAR LAL KESHARI, RESIDENT OF VILLAGE – PURANA BHOJPUR, P.S. – DUMRAON, DISTRICT – BUXAR. ……………… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. JITENDRA KUMAR SHRIVASTAVA, SON OF MAHENDRA LAL, RESIDENT OF VILLAGE – PURANA BHOJPUR, P.S. – DUMRAON, DISTRICT – BUXAR. …………….. OPP. PARTY. ----------- 03/ 18.05.2010 Heard the learned counsel for the parties. This petition is directed against the order dated 23.05.2001 passed in Complaint Case No. 872 (C) of 2000, Tr. No. 1058 of 2008 by the Judicial Magistate, Buxar by which the cognizance has been taken against the petitioner under Section 297 of the Indian Penal Code. Learned counsel for the petitioner submits that the offence is alleged to have been committed on 16.08.1999 and the cognizance has been taken on 23.05.2001 where as under Section 297 of the Indian Penal Code the punishment is only for one year and hence the period of limitation of taking cognizance is one year under Section 468 of the Cr.PC and hence, contended that the cognizance has been taken after one year and in the said order taking cognizance the learned court below has not condoned the delay or has not taken into consideration that the delay has been properly explained. Learned counsel for the other side, however, contended that the offence is continued one and hence fresh period of 2 limitation shall run at every moment of the time during which the offence continued. However, the allegation is about the petitioner having conspired for getting a sale deed executed with regard to the land is not a continuing offence and hence submission is not sustainable. However, since the cognizance has been taken after about two years and the limitation is of one year from the date of occurrence and there is no order condoning the delay or it has been properly explained in the order taking cognizance, hence, the impugned order is barred by limitation and is set aside and the petition is allowed. Kundan ( Gopal Prasad, J.)