PARBHU DAYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two criminal Miscellaneous Petitions (Cr.M. No. 7200-M and 7202-M of 1986) are being disposed of together as the matter involved therein is identical.

(2.) Security proceedings under Sections 107 and 151, Code of Criminal Procedure, were initiated in there two cases against the petitioners by the Executive Magistrate, Karnal, on the complaint filed by the Police Station, Sadar Karnal. In Crl. Misc. No. 7200-M of 1986, the proceedings were initiated on April 14, 1986, whereas in Crl. Misc. No. 7202-M of 1986 on April 12, 1986. The proceedings continued for more than six months and eventually similar orders were passed in both the cases by the Executive Magistrate, Karnal, on October 20, 1986 (Annexure P.1 in both the cases) in the following terms :-

(3.) Section 116(6) of the Code provides that an inquiry under Chapter VIII shall be completed within a period of six months from the date of its commencement. It is further prescribed that if such an inquiry is not so completed then the proceedings shall stand terminated on the completion of this period unless, for special reasons to be recorded in writing, the Magistrate otherwise directs. In the present two cases the period of six months expired before the impugned orders were passed by the Executive Magistrate. It was, therefore, incumbent upon the Magistrate to record special reasons for taking the proceedings beyond six months. However, a bare reading of the impugned orders will indicate that no special reasons have been recorded by the learned Magistrate. Thus, there has been a clear violation of Section 116(6) of the Code. As the inquires in these two cases had not been completed within the statutory period of six months, the proceedings cannot be allowed to continue. I am supported in this view by an earlier judgment of this Court in Balbir Singh and others v. State of Haryana, 1975 CrLR 571.