MELA RAM Vs. MOHINDER LAL
LAWS(J&K)-2006-2-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 27,2006

MELA RAM Appellant
VERSUS
MOHINDER LAL Respondents

JUDGEMENT

- (1.) THROUGH the medium of this petition under Section 561 -A of the Code of Criminal Procedure, petitioner seeks quashing of proceedings pending before Additional District Magistrate (Assistant Commissioner Revenue), Jammu.
(2.) SH . Pranav Kohli, learned Counsel for the petitioner, submits that continuance of proceedings by the learned Additional District Magistrate, Jammu, beyond the period prescribed under Section 145 of the Code of Criminal Procedure, i.e., two months from the date of appearance of the parties, is illegal and that the petitioner has been deprived of his right of speedy trial under Article 21 of the Constitution of India, as made applicable to the State of Jammu and Kashmir. Both these submissions of the learned Counsel are untenable because Section 145(4) of the Code of Criminal Procedure does not contemplate any bar still less absolute bar disabling the Magistrate seized of the proceedings, in continuing the proceedings even beyond the period of two months prescribed under the aforesaid section.
(3.) ALL that is contemplated by Section 145(4) of the Code of Criminal Procedure is that proceedings under Section 145 may be completed within a period of two months provided it is practicable so to do.;


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