LAWS(J&K)-2012-10-63

JAGDEV SINGH & ORS Vs. STATE & ORS

Decided On October 03, 2012
Jagdev Singh And Ors Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) The petitioners through the medium of petition on hand sought quashment of proceedings initiated against them in terms of Sections 107/117 Code of Criminal Procedure (For short, Cr.P.C.) on the grounds taken in the petition.

(2.) It appears that proceedings were drawn in terms of Section 107 read with Section 117 Cr.P.C against the petitioners vide order dated 24.09.2011 It is apt to reproduce Section 117(6) Cr.P.C hereunder

(3.) Section 117 Cr.P.C. mandates to conclude the proceedings within a period of six months. However, time frame can be extended for a period of six months more provided the Magistrate records his reasons in the order. But in no case it can be extended for more than one year. The proceedings on the docket of court below are pending for more than one year. Thus, by efflux of time, present proceedings are to be dropped in terms of Section 117(6) Cr.P.C.