IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22651 of 2009 1. Chandradeo Singh, s/o Dineshwar Singh 2. Dineshwar Singh, s/o Late Soukhin Singh 3. Krishna Singh, s/o Late Bhagwat Singh 4. Ambika Singh, s/o Krishna Singh 5. Atal Singh, s/o Late Jugul Singh 6. Rana Singh @ Ram Pratap Singh, s/o Krishna Singh All r/o village Keshopur, P.S. Baraharwa, Distt. Bhojpur. ------- Petitioners. Versus 1. The State Of Bihar 2. Janardan Singh, S/o Late Chandradeep Singh, r/o village Bhakura, P.S. Ara Muffasil, Distt. Bhojpur. ----Opposite Parties. ----------- 3. 12.7.2011 Heard the parties. The Petitioners seek quashing of the order dated 20.5.2009 passed in Criminal Revision No. 145 of 2007 by which the Additional Sessions Judge, Bhojpur at Ara has refused to interfere with the order dated 16.8.2007 passed in Complaint Case No. 328(C) of 2003/Trial No. 633 of 2005 by which the Judicial Magistrate, 1st Class, Ara, has taken cognizance in the matter. It has been submitted that a First Information Report was instituted on 23.11.2002 with regard to the present occurrence which ended in final report and the Magistrate accepted the same but on 31.7.2003, directed that the protest petition be treated as a Complaint and after an enquiry under Section 202 Cr. P.C. much later on 11.8.2007, cognizance was taken in the matter. It has been submitted that cognizance was taken 2 under Sections 147, 148, 427/34 and 379/34 of the Indian Penal Code all of which prescribed maximum sentence of three years and, therefore, the order of cognizance having been taken about five years after the occurrence was hopelessly barred by limitation. It also appears that the cognizance was taken without expressly condoning the delay. Considering the said arguments, the application is allowed and the entire proceeding of Compalint Case No. 328(C) of 2003, Trial No. 633 of 2005 including the order dated 20.5.2009 passed by the Additional Sessions Judge, Bhojpur at Ara, in Cr. Revision No. 145 of 2007 are hereby quashed. S.Ali ( Anjana Prakash, J.)