SANTOSH HUMRASKAR Vs. 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.) Some brief facts are required to be stated to dispose of this petition.