CHAKRADHAR DAS Vs. BIJOY KUMAR BEHARA

JUDGEMENT

(1.) Prayer of the petitioners to drop the proceeding against them under S. 107, Cr. P.C., having been rejected by the learned Executive Magistrate, this revision has been filed.

(2.) Proceeding against the petitioners was initiated on a police report on 26-12-1987. After petitioners appeared on 30-1-1988, inquiry commenced and one witness was examined on 4-7-1988 on which day petitioners were called upon to furnish interim bond. Petitioners filed a revision against the said order before learned Sessions Judge who directed stay of further proceedings on 1-11-1988. Such an order was recorded in the order sheet of the proceeding on 3-1-1989. Prior to it on 21-12-1988 order under S. 116(6) Cr. P.C. was passed to continue the proceeding. Record of the proceeding was sent to Sessions Court and after dismissal of the revision, it was returned back. Order in revision was challenged in this Court and the record was again sent as per order dated 15-4-1989 of this Court. After dismissal of the application, record was received back as reported by the learned Magistrate on 29-7-1989. In this back ground an application was filed to drop the proceeding which has been refused by the learned Magistrate.

(3.) Mr. S. D. Das, learned counsel for the petitioners submitted that learned Magistrate ought to have held that legislative intent is that the proceeding is to be completed within six months and it was never intended that a proceeding would continue for more than two years as in this case. In this case, scope of Section 116(6) Cr. P.C. ought to have been considered by learned Magistrate to find that be passed the order dated 21-12-1988 after automatic termination of the proceeding.