AMARESHWAR SAHAY, J. - (1.) THIS revision application arises against the judgment dated 9.2.1998 passed by the Sessions Judge, Dhanbad in Criminal Appeal No. 21/1997 whereby the learned Sessions Judge, dismissed the appeal filed by the petitioner challenging the order dated 28.10.1996 passed by the Executive Magistrate, Dhanbad in a proceeding under Section 107, Cr PC whereby the petitioner was directed to execute bond of Rs. 5.000/ - in order to keep peace for a period of one year.
(2.) THE facts in detail are not required to be stated in view of the points raised on behalf of the petitioner. Suffice is to say that a proceeding under Section 107, Cr PC was initiated at the instance of the first party on the basis of a police report on 3.11.1995 and the second party, i.e., the opposite party herein, was directed to appear and file show cause. Thereafter the opposite party appeared, filed his show cause and then after completion of the enquiry under Section 116, Cr PC final order was passed on 28.10.1996 directing the second party to execute bond. The said order of the learned Executive Magistrate was challenged by filing an appeal before the Sessions Judge, Dhanbad, which was dismissed by the impugned order dated 9.2.1998, which is under challenge in this revision application. Mr. Mahesh Tewari, learned counsel appearing for the petitioner submitted that the impugned order passed by the learned Executive Magistrate directing the petitioner to execute bond was without jurisdiction because the proceeding under Section 107 which was initiated on 3.11.1995 was subsequently, extended for a further period of three months on but no reason whatsoever was assigned for the said extension and, therefore, the same was not inconformity with the mandatory provisions of Section 116(6) of the Cr PC.
(3.) SECTION 116(6) of the Cr PC reads thus : - "116. Inquiry as to truth of information. -(1) When an order under Section 111 has been read or explained under Section 112 to a person in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of a summons or warrant, issued under Section 113, the Magistrate shall proceed to inquire in to the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2)... (3)... (4)... (5)... (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 : Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.";