IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10956 of 2007 SANJAY KUMAR MISHRA Versus STATE OF BIHAR & ANR ----------- 5 4.9.2008 Heard Miss. Sushmita Mishra, the learned counsel for the petitioner as also Mr. Raghwendra Kumar Singh, learned counsel for O.P. No. 2 and Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. The grievance of the petitioner is that order dated 21.8.2006 passed by Sri R. Malviya, Judicial Magistrate, 1st Class, Katihar in Complaint Case No. 2478 of 2005, whereby cognizance has been taken under section 406 I.P.C. is barred by limitation since the same has been taken after 4 – 5 years of the date of the occurrence. In the Full Bench decision of this court in the case of Ram Kripal Prasad Vs. State of Bihar (1985 PLJR 271) it has been held 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 view of the categorical decision of the Full Bench of this Court the petitioner is directed to move the court below and seek his remedy there regarding the question of cognizance order being - 2 - barred by limitation. With the aforesaid observations this application is disposed of. Spd/- (Abhijit Sinha, J.)