RAMDEO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The revision is against the appellate order, affirming the orders passed by the learned Executive Magistrate directing the petitioners to execute Bonds for keeping peace under S.107 of the Cr.P.C. (hereinafter referred to as 'the Code'.)

(2.) The proceeding was started at the instance of opposite party No.2 and it is admitted case of the parties that the proceeding was initiated on 3-7-1975 and finally concluded on 17-10-1979, i.e. after more than a period of four years. It is also admitted by the parties, that the Magistrate had passed an order in the proceedings on 13-12-1975 for the extension of the same beyond the period of six months on the ground that the breach of peace between the parties was continuing.

(3.) According to the petitioners, proceedings under S.107 of the Code automatically terminate on the expiry of the statutory period of six months from the date of its initiation as envisaged in S.116, cl.(6) of the Code, unless extended by the Magistrate, after assigning special reasons. But such extension will not permit the proceedings to continue for more than six months therefrom.