GURPARTAP SINGH Vs. NARINDER PAL SINGH

JUDGEMENT

(1.) THE petitioner was summoned to stand enquiry under Sections 107//150 of the Code of Criminal Procedure vide order dated 21.2.1986 passed by the S.D.M. on a complaint dated 23.12.1985. The said order was challenged before the Sessions Court and it came to be decided by the Additional Sessions Judge who after hearing arguments set aside the said summoning order and remanded the case with a direction to the trial Court to proceed in accordance with law. The return filed by the S.D.M. shows in its para (v) that even after the remand order, nine months have passed and during this period even the enquiry was not started. The requisite period prescribed under Section 116(6) of the Code is six months for completion of the enquiry.

(2.) IN this case inspite of the period of nine months after the remand nothing has been happened and the enquiry is not even started. On the principle of sub-section (6) of Section 116 of the Code, although technically the same is not applicable, the enquiry which has not been started need not be started now and the proceedings are quashed. The petition is disposed of accordingly. Order accordingly.