The Patna High Court, while allowing a revisional application filed by the petitioner for challenging an order of dismissal of Criminal Appeal affirming an order under Section 107 of the Cr.P.C., passed by the learned Sub Divisional Magistrate, under Section 107 of the Cr.P.C., held that the proceeding was disposed of vide order dated 5th February 2015, that is after the expiry of six months but no special reason was granted by the learned Sub Divisional Magistrate.
Brief Facts:
The petitioners applied for a certified copy of the Judgment of Criminal Appeal, dated 16th January 2019, but it was rejected on 19th February 2019. The requisites for a certified copy were filed and it was supplied on 25th April 2019. Similarly, the petitioners tried to obtain a certified copy of the order dated 5th February 2015, passed by the learned Sub Divisional Magistrate. In order to get the certified copy, there was a delay of about 60 days to file the instant revision. Therefore, the petitioners have prayed for condonation of delay in filing the instant revision. The instant revision is directed against an order of dismissal of Criminal Appeal No. 40 of 2015, affirming an order under Section 107 of the Cr.P.C., passed by the learned Sub Divisional Magistrate on 5th February 2015, under Section 107 of the Cr.P.C.
By passing an order dated 5th February 2015, the learned Sub Divisional Magistrate directed the petitioners to deposit a bond of good behavior of Rs.25,000/ each with sureties.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that as per the provision of Section 116 of the Cr.P.C., inquiry in a proceeding under Section 107 of the Cr.P.C. shall be completed within a period of six months from the date of commencement, and if such inquiry is not so completed, the proceedings under Chapter-8 of the Cr.P.C. shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs.
Observations of the Court:
The Court observed that in the instant case, proceeding under Section 107 of the Cr.P.C. was initiated by the opposite party against the petitioners on 5th July 2014. The said proceeding was disposed of vide order dated 5th February 2015, that is after the expiry of six months. No special reason was granted by the learned Sub Divisional Magistrate.
The decision of the Court:
The Patna High Court, allowing the revision, held that the order passed in the proceeding under Section 107 of the Cr.P.C. and the impugned order dated 16.01.2019, passed in Criminal Appeal are quashed and set aside.
Case Title: Sobratan Khatoon & Ors. v The State of Bihar & Ors.
Coram: Hon’ble Justice Bibek Chaudhuri
Case no.: CRIMINAL REVISION No.724 of 2019
Advocate for the Petitioner: Mr. Ramchandra Singh
Advocate for the Respondents: Mr. Mrityunjaya Kr. Gautam
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