IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24043 of 2008 TARKESHWAR SINGH Versus STATE OF BIHAR 8 18.5.2010 KHAN Heard counsel for the petitioners and the State. The petitioners pray for quashing of the order dated 24.5.2008 passed by the A.C.J.M., Bagha in Bagha P.S. Case No.296 of 2007 by which he has taken cognizance of offence under sections 406, 461, 379, 364, 506/34 of the Penal Code against the petitioner. Learned counsel for the petitioners submits that the impugned order does not reflect that the learned Magistrate has applied its mind to the case and found the same prima facie case true against aforesaid sections. He further submits that the F.I.R. does not show any offence against the petitioners. The institution of the prosecution is barred under section 468 Cr.P.C. as the cause of action took place 7 years prior to the institution of the instant case. He further submits that severest of the offence in the complaint case would entail a maximum punishment of three years. Heard counsel for the parties. I find that the learned Magistrate has no where stated that having perused the record, he found prima facie case against the petitioners under the aforesaid section in which cognizance has been taken. In the circumstances, the impugned order taking cognizance against the petitioners is quashed and the matter is remitted to the learned Magistrate to pass afresh order in accordance with law. In the result, this application is allowed to the extent indicated above. (S.P.Singh,J) 2