PRATIVA CHOWDHURY Vs. KARUNA DEY & ORS.

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties and also the learned Advocate appearing for the State. The main question to be decided in this application is that in view of the section 116 (6) if the learned Executive Magistrate, who had once granted extension of time for completing the enquiry pending before him, he can give further execution of time. In this case, before the expiry of period of six months, as provided in clause (6) an-application was made for extension of time for completing the enquiry and the learned Magistrate being satisfied extended the period to four months more but the enquiry could not be completed within four months thereafter before the completion of four months again an application for further extension of two months was made. The learned Magistrate was of the view that under this proviso the learned Magistrate was debarred for giving further extension of time, and accordingly be rejected the application for extension. After hearing the learned Advocates of the parties as well as of the State an of the view that it is incumbent duty of the learned Magistrate to complete the enquiry under section 107 I Cr. P. C. within the period of six months but in exceptional circumstances 8 if he is satisfied that grounds exist for granting extension of time he may 1 do so. The section does not limit this power only for the second time. 8 If the learned Magistrate is satisfied that in the circumstances of the case further extension should be given, the learned Magistrate can give extension provided there are special reasons for granting the same. In this case no reasons have been assigned by the learned Magistrate, excepting that he did not have the power to grant further extension as the section debars him from doing so. The learned Magistrate will consider if there are special reasons for granting extension of time in the case before him upon an application already filed by the applicant before him and if he is so satisfied, he may give further extension for completing the enquiry. The application is accordingly disposed of.