R.M. Sahai, J. - (1.) THE Chief Judicial Magistrate. Agra, having received information by a report dated 21st September, 1974, that the applicant has written a book by which he was intentionally dissiminating such matter as is punishable under Section 153-A and Section 256-A Cr.P.C. and being of the opinion that there is sufficient ground, proceeded to take action under Section 108/111 Cr. P.C. The applicant being present in court the notice dated on 1st October, 1974, was read and explained to him as contemplated under Section 112 Cr.P.C. He was required to show cause as to why he should not execute a bond of Rs. 100.00 with two sureties of like amounts for good behavior for a period of one year. It is not clear what happened thereafter for a period of nearly 11 months although on 10th October, 1974, was fixed for prosecution evidence. The case appears to have been transferred to the Judicial Magistrate and he recorded the statement of the applicant under Section 251-A Cr.P.C. on 15th August, 1975. It is clear from his order that no prosecution evidence was recorded till then.
(2.) AN application was filed on 22nd August, 1975, on behalf of the applicant that the proceedings under Section 108 Cr.P.C. be dropped. This application was rejected on 31st August, 1975, on two grounds, firstly that the enquiry started with the recording of the plea of opposite party and since this was done on 15th August, 1975, the period of six months prescribed under Section 116 (6) had not expired. Secondly he was of the opinion that even if it be held that inquiry commenced with the giving of notice under Section 111/112 Cr.P.C. there existed special reasons for not terminating the inquiry. The applicant filed an application under Section 116(7) against the direction given by the Magistrate for the continuance of the proceedings under Section 116 (6) before the Sessions Judge, Agra for vacation of such direction. The application has been rejected on 24th January, 1976, on the ground that the provision is directory and not mandatory. The Sessions Judge was further of the opinion that the Judicial Magistrate had given a detailed order for not dropping the proceedings as such there was no reason to set aside that order. Aggrieved against the orders passed by the Judicial Magistrate and Sessions Judge, Agra applicant has invoked inherent powers of this court under Section 482 Cr.P.C. Mr. Tejpal has raised a number of arguments in support of his application. It has been urged by him that proceedings are time barred as statutory period of six months has elapsed as contemplated under Section 116(6)Cr. P.C. He has further submitted that the applicant stands discharged in criminal proceedings under Sections 153-A/295-A/505 of I.P.C. and 43 D.I.R. Lastly it has been submitted by him that the applicant is aged 83 years. The prosecution did not obtain sanction of the State Government or competent authority and the Chief Judicial Magistrate by an order dated on 5th January, 1976, (Annexure R.A.) consigned the file to the Record Room. In the circumstances the present proceedings are an abuse of the process of the court.
(3.) IN order to decide the first question it is necessary to quote Section 116 f6) Cr.P.C. It reads as under : "116 (6): The inquiry under this section shall be completed within a period of six months from the date of its commencement and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs ; A reading of this sub-section indicates that its essential ingredients are : (a) An inquiry should be commenced. (b) It should be completed within six months. (c) The Magistrate can for special reasons to be recorded by him extend the period of inquiry. (d) If the inquiry is not completed within six months the proceedings under Chapter VIII shall stand terminated. Section 108 is one of sections empowering a Magistrate to take preventive action for a period not exceeding one year. The power is to be exercised on sufficient ground and in the manner provided in Sections 111 to 115. Section 111 requires that if the Magistrate deems necessary to require any person to show cause he shall make an order in writing. Section 112 lays down that if the person is present in the court notice shall be read and explained to him. Section 116 provides that when an order under Section 111 has been read or explained under Sections 112 or 113 Cr.P.C. the Magistrate shall proceed to inquire into the truth of the information upon which such action has been taken. The scope of the inquiry under Section 116 is, therefore, to inquire the truth of information which prompted action under Section 108. The jnquiry therefore starts when the Magistrate decided to pass anorder under Section 111 and with that end in view issues show cause notice and reads or explains the notice as required under Section 112 to a person or who is brought before him in compliance with summon or warrant issued under Section 118.;