NASIRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482, Cr. PC (hereinafter referred to as the Code), and Article 227 of the Constitution of India, has been filed for quashing proceedings Under Sections 107, 150 and 151 of the Code pending against the petitioners, in the Court of Sub-Divisional Magistrate, Naraingarh, District Ambala.

(2.) BRIEFLY the case of the petitioners is that on September 21, 1975 a challan Under Sections 107, 150 and 151 of the Code, was put in the Court of Sub-Divisional Magistrate, Naraingarh, against them, at the instance of one Puran son of Norata of village Gullapur, Tehsil Naraingarh, The petitioners state that an enquiry Under Section 116 of the Code is required to be completed within a period of six months from the date of its commencement and in case such an enquiry is not completed the proceedings Under Sections 107, 150 and 151 of the Code, stand terminated. They further state that the Magistrate vide his order dated 24-8-1976, has ordered the enquiry to continue on the grounds that, firstly, the file remained in the Court of Sessions Judge on -account of criminal revision filed by the petitioners, for some time, and secondly, the petitioners did not appear in that Court and warrants had t0 be issued against them. The petitioners allege that the aforesaid order was without jurisdiction as the Magistrate could not extend time after the proceedings had once terminated.

(3.) THE only question that arises for determination is that if enquiry Under Section 107, 150 and 151 of the Code is not completed within a period of six months from the date of commencement of such enquiry, whether the Magistrate can extend the period for enquiry Under Section 116 (6) of the Code after the expiry of six months. In order to determine the said question, it will be necessary to read the said section: