IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53725 of 2007 1. SHYAM LAL SAH, S/o Nathuni Sah, R/o village Bawaria, P.S. Paharpur, District East Champaran 2. Yadav Lal Sah 3. Hiralal Sah 4. Ranglal Sah All are sons of Late Nathuni Sah 5. Laxman Sah, S/o Rang Lal Sah 6. Lal Babu Sah, S/o Shyam Lal Sah, 7. Anwat Sah, S/o Rang Lal Sah, 8. Rahmatullah Ansari, S/o Rahim Miyan 9. Nazir Hussain, S/o Mahmadik Miyan All are resident of village Bawariya, P.S. Paharpur, District East Champaran ….. Petitioners Versus 1. STATE OF BIHAR 2. Rajeshwar Sharma, S/o Bharat Sharma, R/o village Kritpur, P.S. Harsidhi, District – East Champaran … Opp. Parties ----------- For the petitioner : Mr. Ashok Kumar Mishra, Advocate For the State : Dr. Mayanand Jha, A.P.P. For O.P. No. 2 : None. -------- 2 13.2.2009 The petitioners who were the second party in a proceeding under section 144 Cr.P.C. being Case No. 526M/2004 have preferred this application for quashing of the order dated 24.3.2007 passed by the learned Chief Judicial Magistrate, East Champaran at Motihari in Case No. OC 555 of 2005, whereby he has taken cognizance against the petitioners for offences under section 188 IPC. Amongst others grounds the primary grievance of the petitioners is that the cognizance taken by the learned Chief Judicial Magistrate is badly barred by the limitation prescribed under section 468 Cr.P.C. inasmuch as whereas the order by the Sub Divisional Magistrate for drawing up proceeding under section 188 IPC was - 2 - made on 28.9.2005 cognizance was taken by learned Chief Judicial Magistrate on 24.3.2007. 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 decision of the Full Bench the petitioners are directed to raise all these issues before the Court of learned Chief Judicial Magistrate, East Champaran at Motihari who will dispose of the issues by a speaking order in accordance with law in the light of the Full Bench judgment of this Court referred to above. With the aforesaid observations this application is disposed of. Spd/- (Abhijit Sinha, J.)