Atul Nigam vs State of U.P. and Others

R.K. Rastogi, J.—This is an application u/s 482, Cr. P.C., for quashing the proceedings of Case No. 520/06, State v. Atul Nigam, u/s 107/116, Cr. P.C. pending in the Court of Addl. City Magistrate (VI), Kanpur Nagar.

I have heard the learned Counsel for the applicant and the learned A.G.A., for the State. Since the point involved in the present case is legal one, I am deciding it at the admission stage.

It appears that on the report of Sri S. P. Yadav, S. I. of Police Station Kalyanpur dated 19.2.06 for taking action u/s 107/116, Cr. P.C. against the applicant, the Magistrate took cognizance and issued a notice on 25.4.06. Since the applicant did not appear, non-bailable warrant was also ordered to be issued against him. The proceedings are still pending. A supplementary-affidavit has been filed today to that effect.

It is to be seen that the proceedings u/s 107/116, Cr. P.C. should be completed within six months from the date of taking cognizance. In the present case cognizance was taken on the report of Sri S. P. Yadav dated 19.2.07 and a notice was issued on 25.4.06, hence the proceeding should have been concluded within a period of six months from the above date. No special reason has been recorded by the Magistrate for continuing the proceeding beyond the period of six months in the present case.

After perusal of the record, I find that since the proceedings u/s 107/116 are pending before the Magistrate since 25.4.06 (the date of the first notice), now no action can be taken on the basis of that notice. I, therefore, quash the entire proceedings of State v. Atul Nigam, Case No. 520/06 u/s 107/116, Cr. P.C. pending in the Court of Addl. City Magistrate (VI), Kanpur Nagar. However, in case the Magistrate concerned receives any fresh report from the concerned police station against the applicant regarding apprehension of breach of peace he may take action on that report in accordance with law. It is, however, to be seen that the applicant has alleged in this application u/s 482, Cr. P.C. that he does not reside at Kanpur Nagar but he resides at Bombay and he had not come to Kanpur Nagar for a long time. This plea of the applicant shall also be considered by the concerned Magistrate while passing any order on the report, if any, received regarding breach of peace against him and the Magistrate shall pass suitable order after considering relevant facts of the case.

With the above observations the application u/s 482, Cr. P.C. is allowed and the proceedings of Case No. 520/06, State v. Atul Nigam, u/s 107/116, Cr. P.C. pending before the Addl. City Magistrate (VI), Kanpur Nagar are hereby quashed.