Patna High CourtCR. MISC./54371/2016disposed

Shahabuzzama @ Md. Shahabuzzama And ORS v. State Of Bihar And ANR

2023-03-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54371 of 2016 Arising Out of PS. Case No.-3316 Year-2012 Thana- PURNIA COMPLAINT CASE DistrictPurnia ======================================================

1. SHAHABUZZAMA@MD.SHAHABUZZAMASon of Md. Badiuzzama

2. Md. Badiuzuzzama Son of Late Md. Riyazuddin.

3. Kashif nadeem @Md. Kashif Nadeem @ Md. Kashif Nadaf, Son of Md. Badizuzzama, All are resident of village-Barbatta, Police Station- Amour in the District of Purnea.

... ... Petitioner/s

Versus

1. State Of Bihar

2. Gulam Azhar, Son of Gulam Mustafa, R/O- Barbatta, Police Station- Amour, District- Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Opposite Party/s :

Mr.Sri Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

This application has been filed for quashing of order dated 15.07.2016 passed by learned Sub-Judge-6th-cumA.C.J.M., Purnea in Complaint Case No. 3316 of 2012 by which learned court below has rejected the discharge petition filed by the petitioners.

The original complaint was filed under Section 468 and 109 of the Indian Penal Code in the court of learned SubJudge-6th-cum-A.C.J.M, Purnea by which cognizance was

Patna High Court CR. MISC. No.54371 of 2016(2) dt.22-03-2023 2/2 taken against the petitioners for the offences under Section 465 and 120B of the Indian Penal Code. The petition of discharge of the petitioners has been rejected by the court below. The petitioners prayed for discharge on the ground that the cognizance was bared by limitation. The ground of limitation to take cognizance under Section 468 of Cr.P.C will be made out or not is a question of trial and it cannot be decided by this Court at this stage.

With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) Harsh/ U