Calcutta High Court (Appellete Side)
Sharmila Saha & Ors vs The State Of West Bengal & Ors on 23 August, 2022
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
CRR 2493 of 2022
Sharmila Saha & Ors.
-Vs-
The State of West Bengal & Ors.
For the Petitioners : Mr. Debabrata Acharyya, Adv.,
Ms. Sital Samanta, Adv.
For the State: None
Heard on: 23 August, 2022.
Judgment on: 23 August, 2022.
BIBEK CHAUDHURI, J. : -
1.
Petitioners have filed the instant revision praying for quashing of
the proceeding being N.G.R 545 of 2019 pending before the learned
Special Executive Magistrate Court within Bidhannagar Police
Commissionerate at Bidhannagar.
2. It is stated by the petitioners that the opposite party No.2 runs
hotel business under name and style of "Hazarduari Residency" at
premises No.238/22, Jessore Road, a dispute cropped up in between the
members of Airport City Flat Owners Association and opposite party No.2
and other user of common passage running between the Airport City and
the said Hotel. The petitioner and the opposite party No.2 were also
involved in the dispute over illegal installation of grill gate on the common
passage and sinking deep tube well in common space. The members of
Airport City Flat Owners Association lodged a complaint against the
opposite party No.2 for her illegal construction with the North Dum Dum
Municipality on 24th December, 2018. It was decided in a meeting
convened North Dum Dum Municipality that the engineer of the said
Municipality would inspect the disputed premises and however it was
found that illegal construction was made. The opposite party No.2 was
directed to dismantle such unauthorized construction. Challenging the
resolution adopted in the meeting between the said representatives of the
said Flat Owners Association, opposite party No.2 and North Dum Dum
Municipality, the opposite party No.2 preferred a Writ application being
W.P No.2381(W) of 2019. Subsequently on the basis of letter of complaint
submitted by the opposite party No.2, the Officer-in-Charge of Airport
Police Station drew up a proceeding under Section 107/116(3) of the
Cr.P.C against the petitioners.
3. The said proceeding resulted in filing of N.G.R No.545 of 2019
against the petitioners.
4. The petitioners have prayed for quashing of the said proceeding on
the ground that no proceeding under Section 107 can be kept pending
beyond the period of 6 months in view of the provision contained in
Section 116(6) of the Cr.P.C.
5. Considered the meeting in the instant revision and on perusal of
the materials on record, this Court of the view that the instant revision
can be disposed of here and now.
6. Section 116 of the Cr.P.C runs 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 present 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 into the truth of the information upon which action
has been taken, and to take such further evidence as may
appear necessary.
(2) Such inquiry shall be made, as nearly as may be
practicable, in the manner hereinafter prescribed for
conducting trial and recording evidence in summons- cases.
(3) After the commencement, and before the
completion, of the inquiry under sub- section (1), the
Magistrate, if he considers that immediate measures are
necessary for the prevention of a breach of the peace or
disturbance of the public tranquillity or the commission of
any offence or for the public safety, may, for reasons to be
recorded in writing, direct the person in respect of whom the
order under section 111 has been made to execute a bond,
with or without sureties, for keeping the peace or maintaining
good behaviour until the conclusion of the inquiry, and may
detain him in custody until such bond is executed or, in
default of execution, until the inquiry is concluded:
Provided that-
(a) no person against whom proceedings are not
being taken under section 108, section 109, or section
110 shall be directed to execute a bond for maintaining
good behaviour;
(b) the conditions of such bond, whether as to the
amount thereof or as to the provision of sureties or the
number thereof or the pecuniary extent of their liability,
shall not be more onerous than those specified in the
order under section 111.
(4) For the purposes of this section the fact that a
person is an habitual offender or is so desperate and
dangerous as to render his being at large without security
hazardous to the community may be proved by evidence of
general repute or otherwise.
(5) Where two or more persons have been associated
together in the matter under inquiry, they may be dealt with
in the same or separate inquiries as the Magistrate shall
think just.
(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.
(7) Where any direction is made under sub- section (6)
permitting the continuance of proceedings, the Sessions
Judge may, on an application made to him by the aggrieved
party, vacate such direction if he is satisfied that it was not
based on any special reason or was perverse.
Plain reading of the above provision shows that after an order being
passed under Section 107 of the Cr.P.C, inquiry as to the truth of opinion
shall be completed within a period of 6 months from the date of its
commencement, and if such inquiry is not so completed, the proceeding
under Section 107 of the Cr.P.C stands terminated on the expiry of the
said period, unless for special reasons to recorded in writing the
Magistrate otherwise directs.
7. N.G.R Case No.545 of 2019 is kept pending for more than 3 years.
8. Therefore the aforesaid proceeding is liable to be terminated.
Accordingly the instant revision is disposed of directing N.G.R No.545 of
2019 pending before the Executive Magistrate, Bidhannagar terminated
on efflux of time.
(Bibek Chaudhuri, J.)
