J.M.L. Sinha, J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure praying that the proceedings in the Court of Addl. City Magistrate, Kanpur, under Sections 107/117 Code of Criminal Procedure against the applicants may be quashed.
(2.) THE facts leading to this application can very briefly be stated as under : On receipt of a police report the Court below passed an order on 26th of June 1974 recording his satisfaction about there being an apprehension of breach of peace from the side of the applicants and calling upon them to show cause why they should not be required to furnish bonds. According to the learned Counsel for the applicants, the applicants put in appearance before the Magistrate on 27th of June 1974. According to the order of the learned Sessions Judge, however, they put in appearance on 15th of July 1974. According to the learned Counsel for the applicants a period of six months, from the date on which the applicants entered appearance in the Court below, expired latest by 15th of January 1975 and the proceedings, therefore, stood terminated on that date as provided in section 116(6). It was pointed out that a formal application was presented on behalf of the applicants in the Court of the Magistrate inviting his attention to section 116(6) of the Code of Criminal Procedure and praying for suitable orders being passed. The learned Magistrate, however, by an order dated 9th of April 1975, 'rejected that application and held that the proceedings did not stand terminated. Against the order passed by the learned Magistrate the applicants made an application before the learned Sessions Judge as provided in sub -section (7) of Section 116 Code of Criminal Procedure. The learned Sessions Judge also, however, concurred with the Magistrate and rejected the application vide his order dated 2nd of March 1976. Aggrieved against the order of the Magistrate dated 9th of April 1975 and that of the Sessions Judge dated 2nd of March, 1976, the applicants have come up before this Court. The only contention raised before me on behalf of the applicants is that, in view of the provision contained in sub section (6) of Section 116 of the Code of Criminal Procedure, the proceedings stood terminated on the expiry of the period of six months from 15th of July 1974, on which date the applicants put in appearance before the Magistrate. Sub -section (6) of section 116 reads as follows : 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.
(3.) FROM the above it would appear that the period of six months is to be counted not from the date of the appearance of the persons proceeded against but from the date of commencement of the inquiry. The question that, therefore, arises is as to on which date the proceedings in a case under Section 107 Code of Criminal Procedure should be deemed to commence. For this, reference may be made to Sections 111, 112, 113 and 116(1) of the Code of Criminal Procedure.;