ANIL KUMAR RAI Vs. RAM NIBAS RAI

JUDGEMENT

(1.) This petition under Sections 397 and 401 of the Code of Criminal Procedure is against the order dated 20th July, 1995, in Rev. No. 244 of 1993 whereby the order dated 21-5-1993, passed by the Executive Magistrate, Begusarai was set aside.

(2.) Undisputedly, on the basis of a report of the Police dated 21-5-1992, a proceeding under S. 107 of the Code of Criminal Procedure (Cr. P.C.) was started between the parties. The parties appeared and filed their show cause. Thereafter, an inquiry as required under S. 116 Cr. P.C. commenced with effect from 29-7-1992. Since the period of six months to conclude the inquiry as required under S. 116 (6) Cr. P.C. was going to expire, a petition was filed on behalf of the petitioners for extension of the period of inquiry. The learned magistrate, after hearing the parties, by order dated 21-5-1993, extended the period of inquiry to further six months.

(3.) The opposite party being aggrieved by the order of the learned magistrate, filed a revision which has now been disposed of by the impugned order, setting aside the order of the magistrate, whereby he had extended the period of inquiry.