SANTOSH HUMRASKAR Vs. STATE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF BOMBAY AT PANAJI AND SHRI SUBHASH B.S. JETHA

JUDGEMENT

(1.) HEARD Shri Mulgaonkar, the learned Counsel on behalf of the petitioner and Shri B. Shirodkar, the learned Counsel on behalf of respondent No. 2.

(2.) IN this petition, filed under Section 482 of the Code of Criminal Procedure, 1973, (Code, for short), the petitioner against whom proceedings under Section 107 of the Code were initiated, assails the Order dated 21.02.2007, of the learned Assistant Sessions Judge, upholding the Order 12.09.2006 of the learned Sub -Division Magistrate, Mapusa, by which, the learned SDM has refused to drop the proceedings pursuant to an application filed by the petitioner dated 12.09.2006, contending that the proceedings ought to have been dropped after the expiry of six months, in terms of sub -division (6) of Section 116 of the Code, which reads as follows: The inquiry under this Section shall be completed within a period of six months from the date of its commencement and if such inquiry is not so concluded, the proceedings under this Chapter shall, on the expiry of the said date, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:

(3.) THE SDM, after receipt of a report from the Police, had issued an Order under Section 111 of the Code and the petitioner, as opponent in the said proceedings, appeared before the SDM on 21.02.2006 and sought time to file a reply. The petitioner filed his reply on 28.02.2006 and the proceedings were then adjourned to 04.04.2006 and on that day, an Order was passed, summoning the Police Officer for his examination on 20.06.2006. However, it so happened that on this day, i.e. 20.06.2006, the SDM was not sitting and on the subsequent date i.e. 22.08.2006, oral submission was made for the purpose of dropping the proceedings and at the next hearing, i.e. on 12.09.2006, a written application for the same purpose was filed on behalf of the petitioner which came to be dismissed on the same date.