V.S. Dave, J. - (1.) IT appears that the learned Executive Magistrate in this case has never applied his mind to the provisions of Chapter VIII of the Code of Criminal Procedure. The procedure laid down under the statute is time bound and no exception is provided under the statute. Any officer who will have a bare reading of the provisions of law, would not commit the errors as is being committed in this case. At the time of passing the order dated 18 -7 -1985 in this very case, I expressed my opinion about the conduct of the officer, but it appears, the remarks passed have turned on deaf ears. It is either that the proper law is not brought to the notice of the learned Executive Magistrate or that he himself is unmindful. Be that as it may, it would be traversity of justice to continue the proceedings under sec 107/116 Cr PC for long more three years when it naturally dies down after statutory period. The entire proceedings, therefore stand quashed and are hereby quashed.
(2.) THE petition is allowed as aforesaid.;