Neutral Citation No. - 2025:AHC:35719 Court No. - 76 Case :- APPLICATION U/S 482 No. - 24355 of 2024 Applicant :- Sunil Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilendra Kumar Yadav,Arvind Singh Patel,Ashutosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the material on record. 2. The instant application has been filed under Section 482 Cr.P.C. with the prayer to quash the cognizance and summoning order dated 25.04.2024, as well as the impugned charge-sheet No. 633 of 2020 dated 15.08.2020, and the entire proceedings of Case No. 235 of 2024 (State vs. Mahesh Mishra and others), arising out of Case Crime No. 785 of 2020, registered under Section 13 of the Public Gambling Act, 1867, at Police Station Naini, District Prayagraj, which is pending before the learned Judicial Magistrate- 4, Allahabad. 3. Learned counsel for the applicant contends that the entire proceedings are barred by limitation under Section 468(2) Cr.P.C., as cognizance has been taken after a delay of four years. It is submitted that the maximum punishment prescribed under Section 13 of the Public Gambling Act, 1867, is one month, and therefore, cognizance ought to have been taken within one year from the date of the alleged incident. However, in the present case, cognizance was taken after a lapse of four years, which is impermissible under law. 4. Upon careful consideration of the submissions advanced by learned counsel for the applicant and learned A.G.A., as well as perusal of the record, it is apparent that the period of limitation prescribed for offences punishable with imprisonment for a term not exceeding one month is one year, as per Section 468(2)(a) Cr.P.C. In the instant case, cognizance has been taken after an inordinate delay of four years, which is clearly barred by limitation. 5. In view of the aforesaid facts and circumstances, the impugned cognizance and summoning order dated 25.04.2024, charge-sheet No. 633 of 2020 dated 15.08.2020, and entire proceedings of Case No. 235 of 2024 (State vs. Mahesh Mishra and others) are hereby quashed. 6. The application is accordingly allowed. Order Date :- 11.3.2025 Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad