IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20032 of 2008 ASHOK KUMAR SINGH Versus THE STATE OF BIHAR & ANR ----------- 2 26.9.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The grievance of the petitioner is that the learned Magistrate has taken cognizance beyond the period of limitation and has erroneously dismissed his petition under section 245 Cr.P.C. for his discharge. It is by now well settled by the Full Bench decision of this Court in the case of Ram Kripal Prasad Vs. State of Bihar (1985 PLJR 271) that the issue of limitation is a question which needs to be raised and determined at the earliest stage before the Trial Court, since the question of limitation is a matter for consideration, computation and adjudication by it alone and where such a plea is raised it ought to be adjudicated upon as a preliminary issue. It was also held that the disputed issue of limitation cannot be properly raised directly in the High Court for the quashing of the proceeding under Section 482 Cr.P.C. In the aforesaid circumstances the petitioner is directed to move the trial court and take up the plea of the case being barred by limitation. In the event of such plea being taken the - 2 - court below will proceed with the same as a preliminary issue. With the aforesaid observations this application is disposed of. Spd/- (Abhijit Sinha, J.)