Nand Kishore Rai vs The State of Bihar

Ajay Kr. Tripathi, J.—Petitioner is seeking quashing of the order dated 8.6.2006 passed in C.R. No. 32 of 2004 which arose out of Warisnagar Police Station Case No. 101 of 2001 for an offence having been committed by the petitioner u/s 2 of the Prevention of Insult to National Honour Act, 1971 (hereinafter to be referred to as ''the Act''). On an information having been filed by one Bhagwati Devi in relation to the hoisting of a flag in the school on 15.8.2001. The allegation was that the national flag was hoisted upside down and this according to the information constitution an offence u/s 2 of the Act. It is stated that a final form was filed by the police after investigation but based on a protest petition cognizance came to be taken in the matter on 8.6.2006 by the learned Judicial Magistrate, 1st Class, Samastipur.

The pointed submission made on behalf of the petitioner is that looking at the punishment laid down in Section 2 of the Act no cognizance could be taken against the petitioner after expiry of more than three years in terms of Section 468 of the Code of Criminal Procedure. The bar of limitation has set-in in the matter because the allegation relates to the year 2001 and the cognizance has been taken only in the year 2006. Some other submissions have also been made with regard to the order taking cognizance but keeping in mind the provisions laid down in Section 468 of Cr.P.C. and also the fact that learned Judicial Magistrate has not indicated as to why the limitation is being waived or the grounds thereof the petitioner has made out a case for interference. The quashing application is allowed. The order taking cognizance dated 8.6.2006 passed in CR. No. 2004 pending before Shri Ramanand Ram, Judicial Magistrate, 1st Class, Samastipur is hereby quashed.