PRAFULLA KR. DUTT Vs. AJIT KR. DATTA

JUDGEMENT

(1.) THIS Rule is directed against an order passed by the learned Sessions Judge, Hooghly rejecting an application made by the petitioner Under Section 116, Sub -clause (7) of the Cr.PC The Sub -Divisional Executive Magistrate, Chandernagore drew up a proceeding Under Section 107 against the petitioners on 5 -9 -1974. The petitioners appeared before the learned Magistrate on 19 -9 -1974. This case was numbered as Misc. Case No. 234 of 1974. Thereafter, the said case was transferred to the Court of Sub -Divisional Executive Magistrate, Sadar Hooghly and the case was renumbered as Misc. Case No. 40 of 1975 and on 12th March, 1975 the Su'b -Divisional Executive Magistrate drew up a,proceeding Under Section 107 of the Criminal P. C. against the petitioners again. On the 19th of,April, 1975 the petitioners entered appearance in the said Misc. Case No. 40 of 1975 in the Court of Sub -Divisional Executive Magistrate, Sadar Hooghly. Subsequently the petitioners showed cause. But no evidence was taken on either side so far, though several dates were, fixed for that purpose. On the 21st January, 1976 the petitioners filed an application before the Sub -Divisional Executive Magistrate, Sadar Hooghly in Misc. Case No. 40 of 1975 praying that the proceedings may be dropped Under Section 116(6) of the Cr.PC

(2.) IT does not appear from the order of the learned Magistrate on 15 -5 -1975 as to which date he took as the starting point of the period of six months. Be that as it may, I have to decide upon proper interpretation of Section 116(1) and also Section 116(6) as to when the enquiry starts in a proceeding Under Section 107 of the Cr.PC It has been urged by the learned Advocate appearing for the opposite party as well as for the State that the enquiry in relation to a proceeding under Section 107, Cr.PC starts only when the evidence is taken Under Section 116(1). In this case as I have already stated no evidence was taken, though several dates were fixed for adducing evidence. In a proceeding Under Section 107 no particular form of enquiry is provided. It is enough that there are some materials before Magistrate from which he feels satisfied that immediate steps are necessary. Consideration of police papers or hearing advocate and/or application made by the party concerned is a stage in the enquiry even before evidence is recorded,

(3.) UNDER Section 273, Cr.PC 'explanation' the word 'accused includes a person in relation to whom any proceeding under Chap. VIII has been commenced under this Code.