RAVI NATH VERMA,J. - (1.) The petitioners have questioned the legality of the judgment dated 30.01.2015 passed by Additional Sessions Judge-X , Hazaribagh in Criminal Appeal No. 145 of 2013 affirming the order dated 02.08.2013 passed by Sub-Divisional Magistrate, Barhi in M. Case No. 260 of 2012 directing the petitioners to execute a bond of 5,000/- each with two sureties of like amount each for keeping peace for a period of one year under Section 117 of the Code of Criminal Procedure (in short "the Code").
(2.) The solitary question, which has come up for consideration by this Court, is whether non-recording of a special reason for extending the period of inquiry as provided under subsection (6) of Section 116 of the Code in a proceeding under Section 107 of the Code amounts to contravention of the mandatory Provision of the Code and order extending period of inquiry and the subsequent orders are vitiated and without jurisdiction.
(3.) It is not necessary to give details of the facts of the case which resulted in the initiation of the proceeding under Section 107 of the Code but for better appreciation, a brief relevant fact, is stated herein below: At the instance of the present opposite party no.2 Babu Lal Paswan, a proceeding under Section 107 of the Code was initiated by order dated 21.09.2012 against the petitioners, who were the second party in that proceeding and after notices, the petitioners appeared and filed their show-cause. Similarly the present opposite party nos. 2 and 3 also filed their show causes on 28.02.2013. Where after, the opposite party nos. 2 and 3 examined their witnesses, which were closed on 31st July, 2013 and the case was adjourned to 02.08.2013 for the evidences by the petitioners. Since, the petitioners had appeared in the case on 05.10.2012 on which date, the allegations were explained to them, the inquiry had to be concluded on or before 04.04.2013 within the statutory period of six months as provided under Section 116 of the Code but the court below after extending the time of inquiry finally concluded the proceeding by order dated 02.08.2013 and directed the petitioners to execute bond of 5,000/- each with two sureties of like amount each for keeping peace for a period of one year as indicated above. The petitioners being aggrieved by the said order, preferred an appeal before the learned Additional Sessions Judge-X Hazaribagh, who vide order dated 30th January, 2015 affirmed the order passed by the learned Sub-Divisional Magistrate and dismissed the appeal.;