DHIRENDRA NATH CHAKRABORTY Vs. SARAMA DEBI

JUDGEMENT

(1.) LET this matter be treated as on day's list.

(2.) THIS Rule arises on an application under Section 401 of the Cr. P.C., and is directed against order dated 8th Dec., 1980 passed by Shri A. B. Chakraborty, Executive Magistrate, Alipore, in Miscellaneous Case No. 354 of 1979 being a proceeding under Section 107 of the Code. By the said order, the case was fixed as the learned Magistrate found that 180 days expired since the date of filing of show cause. The petitioner filed an application under Section 107 of the Code before the Executive Magistrate. The learned Magistrate on 23 -11 -79 drew up a proceeding under Section 107 of the Code against the opposite parties and directed them to appear before him on 19 -1 -80 and to show cause why they should not be ordered to execute a bond of Rupees 1000/ - with two sureties, each of the like amount to keep peace for one year. The said proceeding was numbered as Miscellaneous Case No. 354 of 1979. On 19 -1 -80 the opposite parties Nos. 1, 2 and 3 filed a petition for adjournment and the case was adjourned to 19 -2 -80. On 19 -2 -80 the opposite party No. 1 was present. The other two opposite parties showed cause and the learned Magistrate fixed 15 -4 -80 for compliance of Section 112 of the Code. On 15 -4 -80 as the learned Magistrate was on leave the case was adjourned to 11 -6 -80. On 11 -6 -80 opposite party Nos, 1 and 2 were absent and the learned Magistrate directed them to appear on the next date that is on 1 -7 -80. On 1 -7 -80 opposite party Nos. 2 and 3 were absent. The learned Magistrate again fixed 1 -8 -80 for appearance of the opposite parties for examination under Section 112 of the Code. On 1 -8 -80 only opposite party No. 3 was present. The learned Magistrate again fixed 8 -8 -80. On 8 -8 -80 all the parties were present. Opposite party Nos. 1, 2 and 3 were examined under Section 112 of the Code. The allegations against them were read over and explained to them. The learned Magistrate fixed 22 -9 -80 for evidence. On 22 -9 -80 the learned Magistrate observed that the show cause was submitted by the opposite parties on 19 -2 -80 and the statutory period of six months had already expired and the case could not continue. On behalf of the petitioner, it was contended that the statutory period was to be counted from the date of compliance of Section 112 of the Code and the matter should be heard. The learned Magistrate, under the circumstances, adjourned the hearing till 3rd Dec., 1980. As on that date the learned Magistrate was on leave the case was adjourned to 8th Dec., 1980 when the learned Magistrate relying on the decision of this Court filed the case and discharged the opposite parties. Being aggrieved the petitioner has come up to this Court.

(3.) IN the result, the application fails and the Rule is discharged. N.G. Chaudhuri, J.