RADHE SHYAM PANDEY Vs. STATE

JUDGEMENT

(1.) BOTH the revisions have been taken up together for hearing.

(2.) HEARD the learned counsel for the petitioner and the opposite party in both the cases. State remains unrepresented.

(3.) IT has been contended by the learned counsel for the petitioner in C. R. R 1599 of 2004 that view of the mandatory provision of sub-section (6) of S. 1. 16 of the Code of Criminal Procedure, the enquiry is to be completed within a period of six months unless for 'special reasons' to be recorded in writing, the proceeding is continued beyond the said statutory period of six months and obviously the enquiry started under S. 116 of the Code of Criminal Procedure was not completed within the period of six months. No special reasons were assigned for extension ;of the period and the proceeding on expiry of the period of six months is terminated and the order of execution of bond passed by the learned Executive magistrate on 27-11-2003 is illegal and abuse of process of the Court and the same is to be quashed.