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1978 DIGILAW 655 (MP)

Raghunath Singh v. Sub-Divisional Magistrate, Ujjain

1978-09-04

G.G.SOHANI, G.L.OZA

body1978
Short Note : 1. This petition has been filed by the petitioner seeking a direction for quashing of the proceedings under section 107 of the Code of Criminal Procedure launched against the petitioner by respondent No.2. 2. Held : Section 116 of the Code of Criminal Procedure provides for the procedure of inquiry in proceedings under section 107 of the Code Sub-section (6) of section 116 clearly provides that an inquiry under this section must be completed within a period of six months from the date of commencement and if the inquiry is not completed within that period the proceedings shall stand terminated. The only exception provided is that for special reasons to be recorded in writing the Magistrate may direct otherwise. It is therefore clear that if a Magistrate wants the proceedings to continue beyond the period of six months for any special reasons, he has to record those special reasons in his order and direct the proceedings to continue. The order-sheets referred to above nowhere indicate that this Magistrate for any special reason thought it necessary to continue the proceedings beyond the period of six months. It is also not disputed that the proceedings started from 22-10-1975 and the period of six months expired on 22-4-1976. The order calling upon the petitioner to furnish interim security is passed on 12-7-1976. Apparently therefore, these proceedings had automatically terminated and therefore there were no valid proceedings before the Sub-Divisional Magistrate under which he could pass an order calling upon the petitioner to furnish interim security. 3. Consequently, the order passed by the Sub-Divisional Magistrate dated 12-7-1976 calling upon the petitioner to furnish interim security is clearly without jurisdiction and is hereby quashed. It is also clear that the proceedings could not continue after 22-4-1976 and they also therefore came to an end automatically as provided for in sub-section (6) of section 116 of the Code of Criminal Procedure. The proceedings pending against the petitioner are also therefore quashed. Petition allowed.