CHANDRA KISHORE CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Code') for quashing a proceeding under Section 107 of the Code pending against the petitioners.

(2.) On 6.2.1980 the Officer Incharge of Udwantangar Police Station in the district of Bhojpur submitted a report for action against the petitioners under Section 107 of the Code. On 15. 2. 80 the proceeding was started by the Sub-divisional Magistrate On 4.3.1980 out of 11 persons 7 appeared in the Court and filed vakalatnama. They are petitioner's 5 to 11 here. The remaining 4 persons did not appear on that date as they were in custody. On 10.3.80 those 4 persons filed their vakalatnama in the Court. On this very day a show cause petition was filed on behalf of all the 11 persons. The case was transferred to the file of one Shri K. Pathak, Executive Magistrate. On 9.12.980 an application was filed by these petitioners to say that the proceeding had terminated in terms of Section 116(6) of the Code. The other side filed an application to say that the proceeding had not been terminated. An order was passed on 20.1.1981 to say that the proceeding would continue because 4 persons had not appeared till then. Against that order a criminal revision was filed in the Court of the Sessions Judge by these petitioners which was dismissed. Thereafter they have preferred this application in this Court for quashing the proceedings on the ground that in law the proceedings have already terminated and any further proceeding would be an abuse of the process of the Court.

(3.) In course of hearing it has been shown with reference to the file of the lower Court that one Chandra Keshwar Choudhary who was one of those 4 persons had appeared on 12.4.1980. Another person Jagdish Choudhary who had also not appeared earlier, appeared on 25.7.1980 and Bijendra Choudhary appeared on 26. 8. 80. One of those 4, Surendra Choudhary never appeared in person. Out of these 4 only Chandra Kesh-war Choudhary had appeared before 6 months of the order which was passed on 20.1.81. The remaining 2 were within 6 months of 20.1.81 and as stated above, one has not yet appeared.