ATUL NIGAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an applica ­tion under section 482 Cr.P.C. for quashing the proceedings of Case No. 520/06, State v. Atul Nigam under sections 107/116 Cr.P.C. pending in the Court of Addl. City Magistrate (VI), Kanpur Nagar.

(2.) I have heard the learned Counsel for the applicant and the learned A.G.A. for the State. Since the point involved in the present case is legal one, I am deciding it at the admission stage.

(3.) IT is to be seen that the proceed ­ings under sections 107/116 Cr.P.C should be completed within six months from the date of taking cognizance. In the present case cognizance was taken on the report of Sri. S.P. Yadav dated 19.2.2007 and a notice was issued on 25.4.2006, hence the proceed ­ing should have been concluded within a period of six months from the above date. No special reason has been recorded by the Magistrate for continuing the proceeding beyond the period of six months in the pre ­sent case.