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Patna High CourtCR. MISC./37066/2012allowed

Krishna Mohan Singh v. The State Of Bihar

2015-03-24Justice Smt. Anjana Prakash1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37066 of 2012 ====================================================== Krishna Mohan Singh, S/o Sri Sukhdeo Singh, resident of village- Garha, P.O.- New Market Bochahan, P.S.- Bachachan, District- Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. Labour Enforcement Officer-cum-Inspector Bachahan, P.S.- Bachachan, District- Muzaffarpur

3. Labour Superintendent, Labour Department, Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Asha Devi (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 24-03-2015 The petitioner seeks quashing of the order of cognizance dated 29.11.2011, passed in Case No. C-173 of 2011, by the learned Chief Judicial Magistrate, Muzaffarpur for having entertained a complaint, which was filed much beyond the period of limitation.

Having gone through the case record and counter affidavit, it is appears that the occurrence took place on 25.08.2008, whereas the present complaint was filed on 29.11.2011.

In view of such, the application is allowed and the proceeding including the order of cognizance dated 29.11.2011, passed in Case No. C-173 of 2011, by the learned Chief Judicial Magistrate, Muzaffarpur is set aside. (Anjana Prakash, J) P.K./- U T